2009ANNUAL REPORT
Transcription
2009ANNUAL REPORT
2009 ANNUAL REPORT e Financial Figures Million € 1.1.–31.12.2009 1.1.–31.12.2008 Real estate finance 5 166 Public finance 2 190 120 237 New commitments Assets Liabilities Mortgage Pfandbriefe Public-sector Pfandbriefe 250 195 other bonds 2,500 61 other liabilities 1,665 917 1.6 -215.2 Results Operating income Net income for the year 1.6 -215.3 Cost/ income ratio 65% 73% Return on equity 0,5% - 31.12.2009 31.12.2008 1,796 1,928 17,744 20,082 839 877 Public-sector Pfandbriefe 9,691 12,226 other bonds/ liabilities 3,764 1,166 24,170 24,466 299 333 7% 9% Portfolio Assets Real estate finance Public finance Liabilities Mortgage Pfandbriefe Total assets Capital and reserves Core capital (without net income) Supplementary capital Core capital ratio 65 74 Solvability ratio 9% 11% e Management Bodies Supervisory Board Board of Managing Directors Dr. Thomas A. Lange Dr. Dirk Hoffmann Chairman Senior member Senior member of the Board of National-Bank AG Friedrich Munsberg Dr. Peter Gassmann Deputy Chairman Cover pool monitors from 27 March 2009 Managing Director of Peter Preuß Booz & Company GmbH Lawyer Dr. Andreas Früh Wolfgang Barchewitz Deputy Chairman Lawyer to 27 March 2009 Divisional Board of Management of the UniCredit Bank AG Executive Vice Presidents Dr. Kai Franzmeyer Michael Bleiker to 27 March 2009 Member of the Board of Hypo Real Estate Holding AG Paul Hagen from 27 March 2009 Member of the Board of HSBC Trinkaus & Burkhardt AG Christian Sewing Director Deutsche Bank AG, Dr. Eberhard Weber Auditor Jürgen Jung PeTe FotoDesign Peter Teschner Report of the Supervisory Board Report of the Supervisory Board DEAR LADIES AND GENTLEMEN, 2009 was year of great challenge for the liquidity. Overall, the privately-owned financial sector, just like the year 2008 banking sector provided funds of before it. The global financial system € 1.57 bn. By 1 March 2009, the deposit was severely put to the test by the storm protection agency had provided € 770 m on the international financial markets, as a cash injection in addition to a gua- particularly after the collapse of Leh- rantee of € 300 m. Moreover, a syndicate man Brothers, the US investment bank. of banks provided additional liquidity of This was exacerbated by the significant € 500 m to Düsseldorfer Hypotheken- deterioration in the wider economy. bank. This left its mark in both the real estate sector and in public sector financing. During the past fiscal year we perfor- Düsseldorfer Hypothekenbank was con- med the tasks incumbent upon the fronted by these major challenges posed Supervisory Board, presiding commit- by the wider environment over the tee, risk committee and Board of Mana- course of the reporting year. ging Directors according to the law, the articles of association and rules of pro- After the Bank was reorganised in 2008, cedure. We advised the Board of Mana- both at shareholder level and at a per- ging Directors and monitored its execu- sonal level, the Board of Managing tive activities. In particular, we analysed Directors and the Supervisory Board in detail the commercial and financial worked on further stabilising the posi- developments, the stabilisation and tion of the institution. The application future of the Bank. Another focal point for stabilisation funds under Sec. 6 was implementing the minimum requi- FMStFG [“Finanzmarktstabilisierungs- rements on risk management. We were fondsgesetz”: Law on the fund to stabi- involved in all significant decisions. lise the financial markets] which the Bank submitted to SoFFin [“Sonder- The Board of Managing Directors infor- fonds Finanzmarktstabilisierung”: a med the Supervisory Board regularly federal agency to manage the special and comprehensively in writing, elec- fund to stabilise the financial markets] tronically and verbally about all mate- made in 2008, was approved on rial developments at the Bank. The key 12 March 2009. The Supervisory Board points of the reporting were: approved a contract with SoFFin on 4 March 2009. The funds received from this measure have made a major contribution to improving the liquidity position of the Bank. Prior to the guarantee from SoFFin, the Bank was granted support from its shareholders to secure its e the business policies and other fun- I reported on each of the meetings to the damental management and strategy full Supervisory Board. issues Meetings of the Supervisory Board There were six meetings of the Super- e development of liquidity The regular reporting of the Board of visory Board in the reporting period e the development of counterparty Managing Directors is conducted on a and two telephone conferences. The default risks, market risks and liquidity quarterly basis and includes compre- members of the Supervisory Board risks and the measures taken to mana- hensive documentation, analyses and were provided with the documents ge them reports on the development of earnings needed to prepare them for their mee- e investments in MBS and their valua- and net assets developed from the inter- tings. tion nal accounting of the Bank comparing e the development of the sales process them to the prior year and to budget. All members of the Supervisory Board for both Düsseldorfer Hypothekenbank The risk position of the Bank is also participated in the meetings. and the Bankhaus Bauer branch presented quarterly in great detail and e further developments with regard to comprehensively. The reports include: the new building in Berliner Allee erec- The following issues were discussed in greater detail at the meetings and ted after a decision made in 2006 e the credit risk report on capital mar- resolutions passed after more detailed e events which were of material signi- ket business analysis and a critical review: ficance for the Bank. e the credit risk report on property finance in risk categories IV to VI The Board of Managing Directors also e communicated important events to the sures in property finance ness development over the course of Supervisory Board between the fixed e the report on public sector loans of the year 2008. The external auditors meetings, in writing, electronically and more than € 25 m and other exposures appointed by the annual general mee- of more than € 15 m ting attended this meeting. Mr. Dirk e cash flow projections. Müller-Tronnier and Martin Werth- orally. the report on the ten largest expo- At the first meeting on 23 January Moreover, as the Chairman of the Super- 2009 we received the report on busi- mann, auditors from Ernst & Young visory Board, I had Dr. Hoffmann report The Supervisory Board received infor- GmbH to me constantly on the latest business mation on the actions taken by the schaft, submitted a report on the sta- development, any significant transac- Board of Managing Directors to cope tus of the audit of the financial state- tions and the economic performance with the consequences of the current ments. All questions posed by the and financial development of the Bank. distortions on the financial markets. Supervisory Board were answered in Wirtschaftsprüfungsgesell- Independent of these reports, I also depth. Thereafter the mid-term plan- communicated with Mr. Munsberg and ning was discussed in detail and the other managers about the development liquidity position addressed. In this of the Bank. Finally, I met regularly with regard, the Bank’s application to the the shareholder representatives and the SoFFin for guarantees from the stabili- representatives of the external auditor sation fund pursuant to the FMStFG appointed by the annual general mee- was spoken about. ting. In the vast majority of cases, both the discussions with the representatives of the shareholders and the discussions with the representatives of the auditors of the financial statements were held without any members of the Board of Managing Directors or other employees of Düsseldorfer Hypothekenbank being in attendance. 4|5 Report of the Supervisory Board Finally, the Supervisory Board was The resolutions proposed for the The main item at the meeting on informed of the status of the project to agenda and the report of the Supervi- 5 May 2009 was a detailed discussion roll-out the COR-PARIS IT system and sory Board to the annual general mee- of business development in the first of the significant delays and cost-over- ting were passed. In addition, the quarter. At the same time the Board of runs at the new building in Berliner Board of Managing Directors explai- Managing Directors presented its fore- Allee 41. ned the business development of the cast for the economic and financial Bank up until 28 February 2009 and development of the Bank for the cur- During the telephone conference of the provided their outlook for the current rent fiscal year. Other issues discussed Supervisory Board on 17 February fiscal period. The meeting also paid in detail were the sales process and 2009, which was held without the par- special attention to the presentation of the extensions to the application to ticipation of any members of the Board the liquidity position and report on the SoFFin. Other discussions involved the of Managing Directors, we focused on measures taken under Sec. 6 FMStFG. investments in Banque Bauer (Suisse) the application submitted to the SoF- In accordance with the application S.A. and the Swiss bank, Bauer AG, Fin and the on-going measures taken made by the Bank, SoFFin approved with regard to the development of the to sell the Bank. Furthermore, with guarantees totalling € 2.5 bn of which Glarus European municipal and mort- our lawyers we discussed the prelimi- 50% have a term of 12 months and gage bond. nary findings of the legal review of 50% a term of 24 months. The appro- claims for damages against the former val of the Supervisory Board required The meeting on 18 August 2009 members of the Board of Managing for the subsequent issue was obtained addressed in detail the business deve- Directors of the Bank. in advance, in writing, by circularisa- lopment as of 30 June 2009 and the tion. The vote was confirmed at the forecast for the rest of the year. Special At the meeting on 27 March 2009 we meeting and ratified. Finally, the attention was paid to the results of approved the financial statements for Board of Managing Directors once operations and the interest earnings the fiscal year 2008 which are there- again reported on the migration to the projections for the coming five years. with ratified. Moreover, the annual COR-PARIS system. As is customary, In addition, we subjected the liquidity report and the proposal for the appro- Dirk Müller-Tronnier and Martin of the Bank to a more intensive plausi- priation of retained earnings were Werthmann attended this meeting as bility check. The auditors, Dirk Müller- discussed by the Board. representatives of the auditors. They Tronnier and Holger Lösken from presented the findings of their audit Ernst & Young GmbH Wirtschaftsprü- and answered our questions in depth fungsgesellschaft, participated in the and comprehensively. An additional meeting and presented their review of participant in this meeting was the the interim financial statements for lawyer, Mr. Cornelius Kessel. the first six months. All questions were answered in depth and to our satisfac- At its constituent meeting on tion. Other standard issues were the 27 March 2009, which was held imme- status of the sale process for the Bank, diately after the annual general mee- the migration to the COR-PARIS ting of the shareholders, the Supervi- system and the construction project at sory Board elected its chairman and Berliner Allee 41. Finally, the meeting deputy chairman and also elected the addressed the Bankhaus Bauer branch members of the presiding committee in Stuttgart and Banque Bauer (Suisse) and the risk committee. This is repor- S.A. in Geneva. ted under personal issues. At the last meeting for the year, held Risk committee Personal issues report of the Board of Managing Direc- The risk committee met three times in During its telephone conference on tors on business development up until the reporting period. The meetings 17 February 2009, which was held 30 September 2009 and their forecast were attended by all members. The without any participation by the Board for the end of the year. In addition, the main focus of the discussions was on of Managing Directors, the Supervi- business and risk strategy was ratified the risk strategy and all general risks sory Board passed a resolution to pro- after intensive discussion and after it to the Bank, with special emphasis on long the appointment of Dr. Hoffmann was approved by resolution of the risk credit, market and liquidity risks. The from 1 April 2009 to 30 June 2009 and committee on 26 November 2009. The operating risk profile was analysed. In his contract accordingly. At the mee- same applies to the business plan and addition, reports on notable exposures ting of the Supervisory Board on 5 May financial planning for the years 2010 were discussed at all meetings. Finally, 2009 the appointment and related to 2013. At the wish of the Supervisory the committee addressed those expo- contract with Dr. Hoffmann was rene- Board Holger Lösken, representing the sures with high or elevated risks that wed for the period from 1 July 2009 to auditors, issued a statement on the needed to be submitted to it under the 31 December 2009. The limited appo- risk management of the Bank. Another terms of the law or the rules of proce- intments, which are nevertheless typi- focus of discussion was on the conse- dure and issued its approval where cal for stock corporations, were due quences of the revised version of the this was needed. The Supervisory solely to the fact that the sale process Minimum Requirements on Risk Ma- Board was informed of the activities of of the Bank was repeatedly delayed nagement issued on 14 August 2009 the committee. due to unforeseen circumstances. At on 30 November 2009, we received the and the law on the appropriateness of the meeting of the Supervisory Board the compensation paid to members of on 18 August 2009 the appointment of Boards of Managing Directors. The Dr. Hoffmann which was due to expire rules of procedure were amended at at the end of the year was renewed the Supervisory Board meeting on until 30 June 2011. Likewise the appo- 12 March 2010. intment of Mr. Munsberg, which was due to expire on 20 February 2010, During a telephone conference on was renewed until 31 March 2011. 22 December 2009 we discussed in depth the sale of the Bankhaus Bauer The appointments of all members of branch and passed the required reso- the Supervisory Board expired on lutions. Frank Herrmann from Ernst & 27 March 2009. At the suggestion of Young GmbH Wirtschaftsprüfungsge- the Supervisory Board, the annual sellschaft participated in the telephone general meeting on 27 March re- conference in his capacity as an advi- appointed Dr. Andreas Früh, Dr. Peter sor on the sales process as well as the Gassmann, Dr. Thomas A. Lange, lawyers, Dr. Roland Hoffmann-Thei- Mr. Christian Sewing and Dr. Eberhard nert and Ünsal Demir from the law Weber to the Supervisory Board. firm Görg. Mr. Paul Hagen was appointed as a new member of the Supervisory Board. He replaces Dr. Kai Wilhelm Franzmeyer, who chose not to stand 6|7 Report of the Supervisory Board for election following his appointment Finally, the responsibilities of Dr. Hoff- to the management board of Hypo Real mann and Mr. Munsberg were real- Estate AG and the resulting burden located as the duties of the members of The accounting records, the financial this would place on his available time. the Board of Managing Directors were statements, and the management The Board of Managing Directors and reassigned. As the senior member of report for the year 2009 were revie- the Supervisory Board would like to the Board of Managing Directors, Dr. wed by the independent auditors elec- thank Dr. Franzmeyer for his commit- Hoffmann took responsibility for busi- ted by the annual general meeting, ment, responsible approach, and eff- ness planning, business management, Ernst & Young AG Wirtschaftsprü- orts on the Board during these difficult personnel, the internal audit, coordi- fungsgesellschaft, Düsseldorf. times. nation, committee work, public repre- Financial statements sentation, the Banque Bauer (Suisse) The audit culminated in an unqualified Following the annual general meeting, unit, lending business/ default risk audit report. Based on its own exami- the Supervisory Board, chaired by its management (Transaction Manage- nations, the Supervisory Board appro- longest serving member, Dr. Weber, ment), money and capital markets ved of the findings of the audit of the reappointed Dr. Lange as the Chair- (Transaction Management), risk con- financial statements by the indepen- man. Under the chairmanship of trolling, information management, dent auditor. Moreover, the Supervi- Dr. Lange, Dr. Gassmann was appoin- and legal matters / money laundering / sory Board reviewed the financial sta- ted Deputy Chairman. compliance. Mr. Munsberg is responsi- tements and the management report ble for public sector financing (Trea- for compliance with the legal require- According to § 1 of the rules of proce- sury), other financing (Treasury), capi- ments and has raised no objections. dure for the presiding committee and tal markets/ treasury, banking opera- the risk committee, the Chairman of tions/ organisation, own real estate/ Today the Supervisory Board approved the Supervisory Board is automatically construction projects, property finan- the financial statements prepared by appointed Chairman of the presiding cing (Real Estate – Origination), the Board of Managing Directors. committee and the risk committee and accounting and the Bankhaus Bauer The the Deputy Chairman is automatically business unit. The above allocation of are therefore ratified pursuant to appointed deputy chairman of the pre- duties Sec. 172 AktG. siding committee. responsibility for the Bank under stock notwithstanding, overall corporation law lies with both persons. annual financial statements The Board of Managing Directors pre- At the proposal of Dr. Lange, the pared a report pursuant to Sec. 312 Supervisory appointed AktG on relationships to affiliated zMr. Sewing as the third member of companies and submitted this to the the presiding committee. In addition to Supervisory Board together with the the Chairman and the Deputy, the auditor’s report. The Supervisory Supervisory Board elected Mr. Hagen Board reviewed the report of the and Mr. Seing as further members of Board of Managing Directors and sub- the risk committee. sequently approved it and the audit Board opinion rendered by the auditor. The latter states, “Based on our audit, which was carried out according to professional standards, we confirm firstly, that the actual disclosures in The Supervisory Board is regularly the report are accurate, and that informed of the work of the commit- secondly, the consideration paid by the tees. Company in the transactions listed in the report were not inappropriately The Supervisory Board would like to high or that disadvantages were com- thank the members of the Board of pensated, and that thirdly, there are Managing Directors and all employees no indications with regard to the mea- for their services over the past year, sures listed in the report that any other which they once again performed with assessment than that made by the great courage in very difficult circum- Board of Managing Directors is justi- stances. fied.” Based on the final conclusion of its review, the Supervisory Board did As in the past, year, thanks also go to not raise any objections to the report the shareholders for their support in of the Board of Managing Directors on facing the continuing challenges as relationships to affiliated companies. this has played a major role in stabilising the Bank, also with regard to the sales process. Conflicts of interest and their treatment Düsseldorf, Germany, 12 March 2010 The Supervisory Board Both the Supervisory Board and the committees have addressed the issue of loan approvals under Sec. 15 KWG. This did not reveal any conflicts of interest with regard to the members of Dr. Thomas A. Lange the Supervisory Board. Chairman With regard to the sales process which has been initiated for the Bank, the respective members of the Supervisory Board have not participated in the consulting sessions or resolutions which could have led to a conflict of interest with regard to their main field of professional activity. Apart from their activities on the various committees of the Bank, the members of the Supervisory Board have not provided the Bank with any other consulting services. 8|9 Report of the Supervisory Board MANAGEMENT REPORT Business developments Development of risk Development of earnings Outlook MANAGEMENT REPORT Business developments Development of risk Development of earnings Outlook e Business developments The wider environment Inflation in the euro area remained at market continued to remain sluggish an extremely low level, in harmony and generally limited to short terms. After the global economy was hit in the with the weak economic performance. The 3-month EURIBOR rate dropped first quarter of 2009, the 12th year of The consumer price index in the euro significantly from 2.859% at the be- the Düsseldorfer Hypothekenbank, by area calculated by EUROSTAT fell ginning of the year to 0.700% as at the worst recession since the Second from 1.6% at the beginning of the year 31 December 2009. World War, most industrial nations (annual rate) to its low for the year of managed to return to growth in the -0.7% in September, finally closing the Surprisingly, the ECB announced in later course of the year, propped up by year at 0.9%. The rise in the last June that it would initiate a pro- comprehensive government interven- months of the year was primarily due gramme to buy covered bonds of tion and monetary policies aimed at to a renewed rise in the price of energy € 60 bn. This ushered in a sustained fostering growth. and commodities, particularly since decline in the risk premiums for the price of a barrel of crude oil (WTI) Pfandbriefe and other covered bonds In a surprising development for many, nearly doubled over the course of the and a revival of new issues on the pri- Germany returned to modest growth year from USD 46 to USD 80 and the mary market. in the second quarter of the year alre- CRB commodity price index in the ady, growing by 0.3% on the prior same period rose from 230 to 283. The The stock markets also enjoyed a quarter. At the same time, German exchange rate of the euro did not have strong recovery. The main German GDP growth in 2009 remained disap- any major impact on price develop- stock market index, the DAX, clambe- pointing, falling 5% in a year-on-year ments as the exchange rate to the USD red from its low for the year of comparison. The same applies to GDP only fluctuated slightly, starting the 3,666 points recorded on 6 March growth in other states within the euro year at USD 1.40 and finishing at 2009 to 5,957 points at the end of the area and also in the USA, with GDP fal- USD 1.43. year, a rise of 67%. The European ling at an estimated 4% in Europe and index, the Stoxx 50, also climbed 64% 2.5% in the USA. The main cause for The economy undoubtedly received from its low for the year of 1,810, the weak economic output in the mem- substantial stimulus from the Euro- recorded on 9 March 2009, to close at ber states of the euro area was the pean Central Bank, which slashed the 2,965 points. dramatic slump in capital expenditure key rate a total of four times in the first and also in exports, with public spen- six months of 2009, from 2.5% to a In a mirror image of the developments ding and private consumption remai- historical low of 1% while simultane- on the share market, the yields on ten- ning relatively stable, the latter shored ously injecting liquidity into the ban- year German government bonds, up by state incentives, primarily in the king sector of an amount never seen which serve as the benchmark for the form of cash incentives to scrap old before. All ECB refinancing transac- European bond market and had hit a cars to subsidise the purchase of new tions were carried out as a bulk tender historic low in the previous year, rose ones. As can be expected, the weak with a full allotment and, for the first from 2.96% at the beginning of the economy placed a burden on the natio- time in its history, with a term of one year to close the year at 3.39%. By con- nal markets, primarily in Spain and year. In addition, the ECB serviced the trast, the yield on two-year German Ireland, where the strong recession in huge demand for liquidity in USD and government bonds, which stand in clo- the -intensive construction industry CHF by entering into currency swaps ser proximity to the money market, led to unemployment rates of 19.5% on a regular basis. The interbank mar- slid from 1.73% to 1.33% with the yield and 12.5% respectively. In Germany, ket, which came to a standstill at times curve steepening as a result. by contrast, the state-sponsored redu- in the past year, profited significantly ced working hours schemes and the from these measures without actually The market for corporate bonds and responsible attitude to labour policies managing to return to normal. Unse- credit derivatives, which suffered in taken by many private enterprises cured trade on the interbank money the first few months of the reporting benefited the labour market greatly: period from a general risk aversion after adjusting for seasonal effects, the among investors, developed in much unemployment rate rose by just 0.4% to 8.1%. better fashion over the course of the Restructuring of Düsseldorfer The following cornerstones and goals year. The iTraxx Europe (5 year term) Hypothekenbank are fundamental to the new business which presents the average risk pre- strategy: mium for 125 large European compa- The fiscal year 2009 did not bring any e The primary business objective is nies with an investment grade rating, change in the ownership of Düs- to restructure the Bank as a focused fell back from the peak it reached at seldorfer Hypothekenbank, as the pro- operation that can return a profit over the beginning of March of 208 bp to cess initiated in the year 2008 to sell the long-term. 74 bp at the end of the year. The iTraxx Düsseldorfer Hypothekenbank by the e The Bank concentrates on finan- Crossover Index (5 year term), which end of 2009 had not been concluded. cing commercial real estate as its core competence and in particular on buil- reflects the default risk of 50 European companies with a non-investment As a result, 94% of the shares in the ding up its specific expertise in busi- grade rating, also fell markedly. After Bank Resba ness acquisition, product strategies reaching a historic high in March of Beteiligungsgesellschaft mbH, a subsi- and the design of processes as well as 1,088 bp, by the end of the year it had diary of Bundesverband deutscher risk management. fallen to 435 bp. Banken e.V. – Einlagensicherungs- e With its lean human resources, its fonds [“Federal Association of German efficient corporate organisation and Parallel to this development, the risk Banks – Deposit Protection Fund”] and its powerful IT, the Bank is in posses- premium for public-sector borrowing 6% Einlagen- sion of competitive cost structures. dropped significantly in the reporting sicherungs- und Treuhandgesellschaft The aim is to retain this competitive period, even though the spreads failed mbH, a deposit protection agency of advantage and to extend it. to match those prior to the financial Prüfungsverband deutscher Banken e The Bank has qualified personnel, crisis. The risk premium for five-year e.V. [“Audit Association of German particularly since the takeover of the credit default swaps on German Banks”]. Bank by the current owners, the key are of the still held shares by by employees have been retained and government bonds, for example, fell over the course of the year from 48 bp In the meantime, the new business competent new staff recruited. Clearly to 26 bp and for US treasuries from and risk strategy passed by a resolu- the ambitious new business goals can 69 bp to 38 bp. By the end of the year, tion Managing only be achieved in the sector of com- however, the markets had become Directors has specified the new busi- mercial real estate financing by incre- increasingly nervous about the high ness model of the Bank in more detail. asing human resources (Origination of the Board of and Transaction Management staff). levels of government debt in the more southern member states of the EU, This involves e The Bank will concentrate on Greece, Italy, Spain, and Portugal, but e building up the mortgage lending selected segments in its core business also in Ireland. The greatest concern activities for commercial real estate as (i.e. not be a full range provider but a was Greece, which reported a budget the core business of the Bank, niche player). The activities will there- deficit of over 12% of its GDP. As a e scaling back capital market trans- fore concentrate on certain countries, result, the risk premium for five-year actions (including public-sector borro- products, sales lines and be limited to credit default swaps on Greek govern- wing) and only conducting such trans- a conservative risk profile. ment bonds reached 283 bp after stan- actions in future as a complementary ding at 131 bp at the middle of the field of business, year. e selling off Bankhaus Bauer as a non-strategic operation that is insignificant (in terms of volume) to the Bank. 12|13 Management report Mortgage loans by use of property Portfolio 31 December 2009 Previous year in brackets Commercial properties 15% (15%) Residential 21% (21%) In the real estate lending business the Development of commercial real estate Bank will primarily focus on so-called markets permanent financing which will mostly need to be eligible for the cover In the six most important markets for pool. The Bank will fund this by using office space in Germany: Berlin, Düs- Hypothekenpfandbriefe (German co- seldorf, Frankfurt, Hamburg, Stuttgart vered mortgage bonds). The main part and Munich, total revenues from ren- of this business will be concentrated in ted space fell, compared to the prior Germany. To complement this, the year, by 27% with the fall ranging bet- Bank will also conduct its lending ween 12% in Berlin and 40% in Düs- business in the European core real seldorf. The weak demand for office estate markets and in the USA. The space and the addition of unrented Bank will not pursue retail mortgage space in newly-completed buildings lending. led to an increase in average vacancy rates from 8.9% to 9.9%. At the same Whereas effort will also be put into time the top rents on the market conti- building up the direct business in nued to slide, most of all in Berlin Germany, foreign business will conti- (-9%), Frankfurt (-8%) and Munich nue to be conducted primarily via our (-7%). syndicated partners. The Bank has Other business 11% (11%) Office and administration 53% (53%) been successful with its syndicated The German investment market recor- business to date and has built up a ded a transaction volume of € 10.5 bn, broad network of partners. which represents a fall of 49% on the prior year. However, after the drama- The Bank, which to date has only had tic slump in the first quarter, invest- limited sales of Pfandbriefe, should ment activity stabilised in the further therefore be repositioned as an active course of the year. In conjunction with investor-orientated established and the relatively small change in the top reputable issuer of Pfandbriefe. The rents for prime locations, this resulted focus of Pfandbrief issues should be on in a fall of between 5.1% and 5.5%. private placements in small batches. The slight improvement in the mood There are no plans to issue Jumbo- on the market is also expressed in the Pfandbriefe. German property economic index, prepared by a firm of international ex- In the course of the pending change in perts, that rose from 40.7 points at the ownership, the Bank expects a large beginning of the year to 85.1 points in injection of new equity capital. This December 2009. will bolster the core capital ratio of the Bank for the long term. In future By contrast, conditions on the other the core capital ratio should not fall European markets for commercial below 8%. property remained difficult over the entire reporting period. The European Office Property Clock published by Jones Lang LaSalle (fourth quarter of 2009) revealed that 14 of the 27 markets outside of Germany included in the analysis were in the “Rents falling” quadrant and the remaining 13 were The US commercial property market in the “Rents bottoming out” quadrant. also suffered a significant contraction, The European prime office rental reflected in rising vacancy rates, fal- index from Jones Lang LaSalle, which ling rents and a drop in demand for weights the trends in office rents from space. In the office property sector the 24 cities, fell by 13.6% in a year-on- average vacancy rates at the end of the year comparison. However, the slide year rose to 18%, although the metro- was bottoming out with a fall of just politan centres New York, Washington 0.8% on the prior quarter, indicating D.C., Los Angeles and San Francisco that demand was beginning to stabilise remained below this average. The ave- at a low level. The average vacancy rage yield rose from approximately rate in Europe reached 10.2% at the 7.5% at the end of 2008 to an average end of the year, the first time double of 8.4% in 2009. Due to the falling digits had been reached since the mid- demand from abroad, investment 1990s. The highest vacancy rates were volume remained significantly below in the values of the prior year. At Moscow (19.6%), Amsterdam (17.4%) and Frankfurt (13.6%). Mortgage loans by property location Portfolio 31 December 2009 Previous year in brackets Berlin 3% (4%) Abroad 59% (58%) East Germany 2% (2%) USD 29 bn only 25% of the sales volume generated in 2008 had been According to a study by CB Richard generated by September of 2009 (the Ellis, direct investment in European last available figure) and 9% of the commercial property amounted to sales volume generated in 2007. € 69.6 bn in 2009 (a fall of 40%). The West Germany 36% (36%) most popular destinations were the United Kingdom (€ 24.8 bn) and Ger- Slight reduction in the property many (€ 10.5 bn). € 9.3 bn or 88% of financing portfolio the German investment volume was accounted for by individual transac- In light of the, as yet, uncompleted tions and approximately € 1.3 bn was sales process and the improvement in invested in portfolios. According to the funding situation, albeit with some BNP Paribas Real Estate, the trans- qualifications, Düsseldorfer Hypothe- actions with office real estate amoun- kenbank opted not to enter into any ted to € 3.7 bn, followed by retail pro- new property financing arrangements perty which came to approximately, in the reporting year. Only one new € 3.3 bn. Only € 0.7 billion, two-thirds loan commitment of € 5 m was issued less than the prior year, was due to for renovation and extensions to an properties used for logistics. office property already financed by the Bank. 14|15 Management report Due to this, the entire portfolio of pro- drop of € 33 m in the portfolio is pri- Due to the conservative risk policy of perty financing (excluding Bankhaus marily due to scheduled repayments the Bank, the impact of the global Bauer) and securitised finance in the but also some unscheduled repay- financial and economic crisis on the form of mortgage-backed securities ments. The MBS portfolio consists ent- credit rating of the entire property came to € 1,796 m as at 31 December irely of single step classical pass- portfolio of Düsseldorfer Hypotheken- 2009, € 132 m below the figure at the through structures. The mortgages bank was moderate. Although the mar- close of 2008 (€ 1,928 m). As in the underlying the portfolio serve solely to ket value of a number of properties prior year, clients made little use of finance properties in Western Europe, financed by the Bank in Germany and their contractual right to repay their with 52% used for residential proper- abroad had to be adjusted to match loans prematurely. ties (Residential MBS) and 48% for market circumstances, because of the commercially-used properties (Com- loan-to-value covenants arranged by The regional portfolio structure remai- mercial MBS). The total of 24 tranches the Bank this only led to restructuring ned unchanged compared to the prior from 17 MBS issues are spread agreements in a few isolated cases, year. The share of west German real amongst countries: resulting in improved conditions for the estate including Berlin in the financing mixed EU 21%, United Kingdom 18%, Bank owing to higher margins, partial portfolio lay at 39% (40%) and the Spain and Italy each at 17%, Ireland loan repayments or provision of addi- share of east German real estate at 7%, Portugal, Greece and France each tional collateral. At no time in the 2% (2%). Finance extended to other 6% and Germany at 2%. 83% of the reporting period did breaches of cove- countries in the EU accounted for portfolio is ECB-eligible. New MBS nants lead to defaults on loans. 29% (28%) of the portfolio, with the tranches were not acquired in the rest of the world (USA, Canada, reporting period. the following servative benchmarks, the need to Switzerland) making up the remaining 30% (30%). Even when applying exceedingly con- The credit ratings of four of the recognise loan loss provisions on exi- 24 MBS tranches were written down in sting property financing remained The composition of the loan book by the reporting period as the rating manageable. Net risk provision in the property use has also remained con- agencies put a lower assessment on reporting period came to € 6.7 m stant. The share of residential pro- the future development of the values of (€ 11.9 m). This includes additions of perty remained at 21% (21%) with the underlying real estate and the € 5.2 m (net) to loan loss provisions for commercial property still accounting potential for renting it out later. two property finance packages and for 79% (79%). In the commercial pro- 61% (80%) of the portfolio was rated write-downs on interest receivables of perty segment, office properties still AAA as at 31 December 2009 and € 1.5 m. The risk provision in the pro- play a dominant role accounting for 14% (16%) at AA. A further 14% (4%) perty 53% (53%), followed by wholesale and was rated at investment grade and € 22.6 m (€ 22.5 m) as of balance sheet retail properties at 15% (15%) and 11% (0%) at BB or B. In some cases the date, or 1.2% (1.2%) of the entire pro- operator properties (hotels, retirement downgrading led to a significant rise in perty finance portfolio. homes) accounting for 11% (11%) of the amount of the capital commitment the portfolio. The average size of the required by the financial supervisory loans at the end of the year came to € authorities. As in the prior period, 12.2 m per borrower, representing a there is no indication of any need to slight fall on the prior year (€ 13.4 m). write-down the MBS portfolio. The The portfolio of property lending inclu- repayments profile of the MBS portfo- des MBS of € 327 m (€ 360 m). The lio shows that prospectively 78% of the portfolio will be paid back by 2014 as scheduled. financing business totalled Capital market business scaled back at state and sub-state level. In the sub- by €2.4 bn as planned stitute cover and non-eligible portfolios ratings generally fell as a result of The capital markets business segment problems at individual banks. In spite of Düsseldorfer Hypothekenbank con- of this, the total portfolio still enjoys an sists of the “public-sector lending port- excellent rating profile: 25% (30%) of folio (ordinary coverage)”, the “substi- the portfolio is rated AAA, 33% (29%) tute cover” business and business “not AA, 26% (27%) A, 9% (7%) BBB and eligible for the cover pool”. Correspon- only 1% (1%) non-investment grade. ding to the strategic goal of progressi- 6% (6%) of the portfolio is not rated. vely scaling back the capital markets These relate primarily to claims on business and only conducting it as a German publicly-owned banks which complementary business line to the are covered by state guarantees. Public-sector lendings by borrower groups (eligible for cover pool) Portfolio 31 December 2009 Previous year in brackets Public authorities abroad 36% (32%) Public authorities domestic 22% (25%) property financing business, the total portfolio of capital market business After being forced to write off claims dropped by € 2.4 bn to € 17.7 bn on banks of a nominal value of € 157 m (€ 20.1 bn), at face value in each case, in the prior year due to defaults the as a result of planned repayments. Bank did not suffer any further loss from defaults in its capital markets The new commitments in the capital business during the reporting period. markets business are limited to prolonging loans to municipalities of a The “public-sector lending business”, volume of just € 2 m. the portfolio of which reduced to Supplementary cover 17% (14%) Public-sector credit institutions domestic 24% (29%) € 11,409 m (€ 13,267 m), accounted After risk premiums rose dramatically for 64% (66%) of the capital markets in some cases in the first quarter of business by the end of the year. This 2009, the total portfolio of a nominal includes all claims that qualify as ordi- value of € 17,744 m profited from a nary cover for public-sector Pfand- strong recovery in asset swap spreads briefe under the German Pfandbrief over the remainder of the year. Apart Act (Pfandbriefgesetz). The debtors from a few exceptions, e.g. Greek are public bodies (states, regional government bonds, the spreads of governments, regional bodies) in Ger- most papers at the end of the year many (47.8%), member states of the were generally significantly below European Union and the EEC (49.6%), their peaks in February and March. Switzerland (1.5%), the USA (0.3%), Nevertheless, the portfolio was affec- Canada (0.6%) and Japan (0.2%). Public-sector credit institutions domestic 1% (0%) Public-sector lendings by credit quality (eligible for cover pool) Share of aggregate portfolio in % 31 Dec 2009 0 31 Dec 2008 10 20 AAA AA+ AA ted by a number of ratings being downgraded. In the public-sector lending segment ratings fell due to the AA- A+ wide-scale increase in budget deficits A A- BBB+ BBB BB+ N.R. 16|17 Management report 30 40 50 Public-sector loans by credit quality (eligible as substitute cover) Share of aggregate portfolio in % The “substitute cover” portfolio, which Significant reduction in the portfolio of dropped to € 4,718 m (€ 5,479 m) and derivatives consists of all securities receivable 31 Dec 2009 0 31 Dec 2008 10 20 30 40 AAA AA+ AA AA- from financial institutes (bank bonds) As of balance sheet date the Bank held that are eligible under the rules of the a portfolio of derivative financial Pfandbrief Act as substitute cover, instruments with a nominal volume of accounts for 27% (27%) of the capital € 39.8 bn (prior year € 46.8 bn) com- market business. 23% of this portfolio prising interest swaps for a nominal is attributable to Pfandbriefe and volume of € 38.8 bn and cross-curren- other covered bonds from European cy swaps for a nominal volume of countries. € 1.0 bn. The fall of € 7.0 bn in the portfolio is primarily due to the sche- A+ A A- BBB BBB- BB+ N.R. Derivative counterparties by rating Share of aggregate portfolio in % 31 Dec 2009 0 AA+ duled expiry of commitments and also contains all securities receivable that the low volume of new activity due to are not eligible for ordinary cover or as the severe restrictions on new lending substitute cover. This portfolio, which and issuing business. accounted for 9% (7%) of the capital BBB+ AAA The “non-eligible for cover” portfolio 31 Dec 2008 10 20 30 40 50 market business at the end of the year The Bank uses derivative financial rose to € 1,617 m (€ 1,336 m) due to instruments the fact that subsequent to the amend- e as a microhedge to hedge itself ment of the Pfandbrief Act some of the against specific interest rate exposu- papers no longer met the tighter requi- res (interest swaps) and/or specific rements to be eligible for cover. The foreign exchange exposures (cross portfolio is composed of the following currency swaps) that are related to elements: 30.3% non-eligible structu- specific asset and liability items red cedulas, 13.3% non-eligible state- (underlyings). In the process, hedges sector loans, 14.0% profit participation are structured in such a way as to con- rights/hybrid bonds, 8.2% corporates vert fixed interest euro positions into and 34.2% other securities of which variable interest euro positions and approximately are fixed / variable interest positions in non-eligible bank bonds and one- foreign currency into variable interest quarter non-eligible bonds issued by positions denominated in euro. The sub-sovereigns. congruency of such microhedges with three-quarters the underlying, which together constiAA AA- tute a valuation unit, result in a very close hedge relationship, e as macrohedges to control the A+ Bank’s general exposure to fluctuating interest rates which arises from the A A- BBB+ BBB- N.R. entirety of its interest-bearing items. Funding and liquidity As in the prior year, the issue of Pfandbriefe only played a subordinate role Due to the high quality of the Pfand- for Düsseldorfer Hypothekenbank due brief which is recognised both in Ger- to the marginal volume of new busi- many and abroad, the risk premiums ness. Sale of mortgage Pfandbriefe on the German Pfandbrief market only came to € 120 m (€ 237 m). No returned to normal earlier than in public-sector Pfandbriefe were issued other covered bond markets. The pro- in the first six months of the year gramme initiated by the ECB in July to owing to the unfavourable conditions purchase covered bonds for a total on the market. In the second six volume of € 60 bn gave this develop- months of the year the Bank exploited ment additional impetus. According to the more favourable issue conditions the vdp curve for mortgage Pfand- to place € 250 m (full year 2009: briefe and the vdp (Association of Ger- € 195 m) to refinance its public-sector man Pfandbrief Banks) curve for loans. Investments not eligible for cover pool by ratings Share of aggregate portfolio in % 31 Dec 2009 0 31 Dec 2008 10 AAA AA+ AA AA- A+ A A- public-sector Pfandbriefe the issue spreads for ten-year terms lay 31 bp An important pillar of the Bank in and 24 bp respectively above the swap securing liquidity was once again the curves at the end of the year 2009, open market business with the ECB after these had stood at 64 bp and which amounted to a total volume of 54 bp at the middle of the year. € 5.5 bn (€ 4.5 bn) by the end of the year. The Bank availed of the offer of The sale of mortgage Pfandbriefe facilities with six and twelve month amounted to € 55 bn by the end of terms. The repo business with other November 2009 (the last available financial institutes, which had shrunk figure from the Statistics Office of the to just € 290 m at the middle of the Bundesbank - German Central Bank), year, amounted to a nominal € 2.0 bn representing a fall of 8% on the same by the end of the year. This develop- period of the prior year. The sale of ment reflects the fact that this refinan- public-sector Pfandbriefe fell in the cing instrument could be concluded at same period by 41% to € 50 bn which more favourable rates in the second is chiefly attributable to the on-going six months of the year than the open consolidation in public-sector lending market transactions offered by the by the Pfandbriefe banks. ECB at the key lending rate of 1%, BBB+ BBB BBB- BB+ BB BB- B+ B B- N.R. because the Euribor interest rate had fallen significantly below 1%. 18|19 Management report 20 30 40 Funding structure % 2009 2008 Public-sector Pfandbriefe 42% 54% 4% 4% Securities: ECB lending against (tender) 23% 19% Securities: Banks' lending against (repo) 8% 8% Mortgage Pfandbriefe Other bank liabilities 4% 5% Client deposits 8% 10% Bearer bonds 11% 0% 0% 0% 100% 100% Subordinate liabilities Other sources of funding used by the to a significant improvement of the Bank were fixed-term deposits and Bank’s liquidity. Prior to the guarantee customer deposits, as well as issues of from SoFFin, the Bank was granted short-term bonds. In the full year, fun- support from its shareholders to ding of a total volume of € 4.5 bn (prior secure its liquidity. year € 1.4 bn) was sourced from the capital markets taking all maturity In order to additionally strengthen its bands into account. Of this amount funding base, the Bank applied again 5.5% (13.8%) took the form of public- to SoFFin, on 8 April 2009, for sector Pfandbriefe, 2.7% (16.8%) in e a grant of additional stabilisation mortgage Pfandbriefe and 91.8% funds and (69.4%) in unsecured funds, including e a prolongation of the terms to three bearer bonds of € 2.5 bn that were years and five years for the stabilisa- guaranteed by the SoFFin ["Sonder- tion funds already granted in keeping fonds Finanzmarktstabilisierung": a with the terms of its initial application. federal agency managing the special To date, no decision has been made on fund to stabilise the financial markets]. this application. In 2008 the Bank already applied for stabilisation funds of € 4.9 bn from the The public-sector Pfandbriefe of Düs- SoFFin under Sec. 6 FMStFG ["Finanz- seldorfer Hypothekenbank continue to marktstabilisierungsfondsgesetz": law be rated AAA by both Fitch and Stan- on the fund to stabilise the financial dard & Poor´s. On 16 December 2009 markets]. On 12 March 2009 the SoF- S&P changed its outlook to “negative” Fin granted guarantees of € 2.5 bn, of on account of a change in its rating which € 1.25 bn expires on 12 March methodology. Pfandbriefe and covered 2010 and the remaining € 1.25 bn on bonds around the world with a total 11 March 2011. The funds received volume of € 1.6 trillion were affected within the framework of these measu- by this move. The A minus rating from res – in conjunction with the relaxation Fitch on the Bank’s unsecured liabili- on the refinancing markets – have led ties remained unchanged. Bankhaus Bauer Total assets and own funds Düsseldorfer Hypothekenbank also Liable capital as defined by Section 10 runs a private banking operation at its German Banking Act (KWG) amounted location in Stuttgart under the name of to € 364 m at the end of the year Bankhaus Bauer, a traditional bank. (€ 407 m). Of this amount € 299 m The range of services provided by the (€ 333 m) qualifies as core capital and branch with its 27 employees includes € 65 m (€ 74 m) as additional capital. advising private customers on all The core capital ratio came to 7.4 % issues associated with their invest- (8.6%) whereas the total capital ratio ments and managing their assets. In came to 9.0% (10.6%). Development of core capital Million € 0 100 2005 200 300 400 500 220 2006 307 2007 340 2008 333 2009 299 addition, loans are extended to private persons, particularly in the form of As of 31 December 2009 the Bank’s property total assets amounted to € 24.2 bn financing and Lombard loans. (€ 24.5 bn). “Claims on banks” have Development of balance sheet total Bn € fallen by approximately € 1.0 bn and The Board of Managing Directors pas- “Claims on customers” by € 0.9 bn. By sed a resolution in the reporting period contrast, the line item “Bonds and to divest Bankhaus Bauer as a non- other fixed interest securities” rose by strategic operation of immaterial € 1.7 bn in a year-on-year comparison. importance owing to the small volume This was related to the fact that bearer of its business. This decision was bonds of € 2.5 bn held by the Bank based on the recognition that the busi- and, as stated above guaranteed by ness model of a private bank did not fit SoFFin, were transferred to own funds the business model of a mortgage bank and added to the pledged security that was aligning itself to financing account of the ECB to bolster the commercial real estate. There are no Bank’s solvency. “Liabilities to banks” obvious synergies between the two and “Securitised liabilities” changed units and they are unable to generate only marginally on the prior year, whe- business for each other in any sizeable reas “Liabilities to customers” fell by scope. approximately € 0.2 bn. 0 5 10 2005 2006 2007 15 20 25 18.6 25.4 26.7 2008 24.5 2009 24.2 The process to sell the unit was initiated in the spring of 2009 with the identification of suitable investors. This resulted in considerable interest from potential buyers. The due diligence phase was concluded in August. After intensive negotiations, the contracts were signed in January 2010. The new investor has a great deal of expertise in private banking and will contribute towards Bankhaus Bauer’s ability to address the needs of its wealthy private clients even better than in the past. The transaction should be concluded by the end of July 2010 at the very latest. 20|21 Management report 30 e Development of earnings Net interest income nearly doubles Development of net interest income Million € 0 10 20 30 additional unexpected expenses were again incurred for the 40 50 42.0 2005 Moreover, Subsequent to the large loss reported building in the reporting year, amoun- for fiscal year 2008 as a result of the ting to € 3.7 m. write-offs recorded on securities, the 48.8 2006 Bank managed to return to profit in the reporting year. 42.2 2007 Administrative expenses burdened by extraordinary factors 28.9 2008 The main factor in this development 55.3 2009 Development of cost/ income ratio Administrative expenses to net interest and commission income in % 0 2005 2006 2007 20 40 60 80 was that net interest income virtually Personnel expenses fell from € 8.5 m doubled on the prior year, rising from to € 6.9 m. The reason for the fall lies € 28.9 m to € 55.3 m. The constant fall in a reduction in employees from 83 to in interest rates on the money market 78. In addition, personnel expenses in had a positive impact here. The same the prior year were burdened by spe- holds true for the favourable condi- cial effects related to the reorganisa- tions at which liquidity was provided tion of the Bank’s legal structure and by the ECB within the framework of its human resources. open market transactions. Net interest income does not contain any contribu- On the other hand, the increase in non- tion to earnings from the premature personnel expenses (including depre- close-out of derivatives. ciation of property, plant and equipment) to € 19.8 m (€ 13.7 m) can gene- 2008 2009 The deterioration in commission rally be attributed to income, which slid from € 1.4 m to e an adjustment of € 2.6 m to the € -14.3 m is due to the commission allocations required by the Deposit payments of € 14.8 m due to the SoF- Protection Fin for the guarantees provided of Association of German Banks € 2.5 bn. Commission income from len- e consulting expenses of € 2.1 m ding and client business amounted to related to the sales process and the € 2.0 m. conversion to the new IT system of the Fund of the Federal Bank, Net interest and commission income e a write-down of € 2.4 m on the for- thus reached € 41.0 (€ 30.3 m), 35% merly-used office space at Berliner above that of the prior year. Allee 43, Düsseldorf, that was sold to an investor in December. In an annual comparison, the other operating result improved from After eliminating these factors, € -7.6 m to € -0.7 m. The provision for non-personnel expenses amount to potential losses from pending transac- € 12.7 m. tions of € 6.5 m recorded in the prior year to cover the predicted cost overruns on the new office building located at Berliner Allee 41 in Düsseldorf, which has since been occupied by the Bank, was written off against the value of the building in the reporting year. As a result, administrative expenses After allocating the share in admini- totalled € 26.7 m (€ 22.2 m). Admini- strative expenses and offsetting the strative costs per employee increased valuation result, the property finance by 30% to € 356 k (€ 274 k). However, segment reports a pre-tax result of due to the proportionately higher rise € -9.0 m (€ -7.9 m) and the capital in the surplus from net interest and market segment a pre-tax result of commission, the cost/income ratio € 20.2 m (€ -198.1 m). The pre-tax improved to finish the period at just result of the other activities amounts to 65% (73%). € -9.6 m (€ -9.2 m). Development of operating income Million € 0 10 15 20 30 29.8 2006 2007 25 26.4 2005 0.2 2008 -215.2 2009 Significant improvement in the 5 1.6 Report on affiliated companies valuation result According to Section 312 AktG, the Income statement Million € The valuation result, which contains Board of Managing Directors prepared both risk provisioning for the lending a report on relationships with affilia- business as well as all income and ted companies for the period under Net interest income expenses from the netting option pur- review, which was audited and issued Net commission income suant to Sec. 340 f (3) HGB, amounts with an auditor's certificate by Ernst & to € -12 m (€ -215.7 m). In order to Young GmbH, Wirtschaftsprüfungsge- Net interest and commission income protect against the credit risk in pro- sellschaft. This report concludes with Trading result perty financing, additional loan loss the following declaration by the Board Other operating result provisions of a net amount of € 6.7 m of Managing Directors: "Based on the (€ 11.9 m) were created. The additio- circumstances of which we were nal loan loss provisions in the capital aware at the time, the Company al- market business amounted to a net ways received adequate consideration amount of € 5.3 m (€ 203.7 m). for all transactions with affiliated com- Administrative expenses Gross income Valuation result Operating income panies. No actions were taken or omit- Extraordinary Result In the reporting period the Bank gene- ted that disadvantaged our company in Profit before taxes rated a net profit for the year of favour of or at the request of affiliated Taxes € 1.6 m (a loss of € -215.3 m). The net companies.” Net income for the year profit for the year will be used in full to Profit c/fwd from previous year settle liabilities to holders of profit participation rights originating from the Personnel prior year. The segment result calcula- Allocation from Profit-sharing rights Balance sheet loss ted by the Bank on the basis of impu- With an annual average of 78 employ- ted assumptions from which the ove- ees, numbers in 2009 are down rall result is calculated, breaks down slightly on the prior year (83). The ave- operations into the segment of “pro- rage length of service at the Düsseldorf perty financing”, itself composed of location reached five years. Eleven “mortgage loan business” and “MBS”, staff members have already celebrated and the segment “capital market busi- ten years of service. The average ness”, composed of “public sector len- length of service at the Stuttgart loca- ding (ordinary cover)”, “supplemen- tion is 9.5 years. Two staff members tary cover" and business that is “non- in Stuttgart have already served over eligible for cover”. In addition, there 20 years. Eleven have served over ten are other activities including the busi- years. ness of the Bankhaus Bauer branch. 22|23 Management report 2009 2008 55.3 28.9 -14.3 1.4 41.0 30.3 0 0 -0.7 -7.6 -26.7 -22.2 13.6 0.5 -12.0 -215.7 1.6 -215.2 0 0 1.6 -215.2 0 -0.1 1.6 -215.3 -191.6 0.1 -1.6 23.6 -191.6 -191.6 With regard to human resources deve- and compensation system to deter- lopment, the Bank relies on individu- mine its compliance with the regula- ally-tailored internal and external tory requirements. The conclusion training measures with a practical from the risk analysis is that the Bank focus. The regular assessment inter- does not need to apply the rulings in views held between employees and the special section of the circular on their superiors provide the basis for account of its compensation structu- analysing employee training needs. In res, its manageable size and the the year 2009 employees also received nature of the risks it is exposed to. training by attending numerous semi- Consequently the Bank has also opted nars and professional courses. In addi- not to set up a compensation commit- tion, the Bank offers in-house lang- tee. uage training. The Board of Managing Directors In order to harmonise the demands would like to express its thanks and placed on employees by their profes- recognition to all employees for their sion and their family situation as best work over the course of the reporting possible, the Bank offers employees year. We were only able to meet the the opportunity of working from home, demanding and labour-intensive chal- in addition to its flexitime and part- lenges required of the Bank to fulfil its time solutions. Overall the Bank had assignment in such a difficult business ten employees working part-time and climate due to the enormous commit- three employees working from home ment of our staff. Thanks also go to the at the end of the year. Work's Council for their trusting and constructive co-operation. At the beginning of 2010 the Bank established its first graduate trainee programme for the development of Subsequent events two of its junior staff. The programme is aimed at training junior specialist There were no events subsequent to staff in a targeted fashion and is the close of the fiscal year that were of addressed at university graduates and material importance. graduates from bank training academies. Within the framework of implementing the MaRisk, as issued on 14 August 2009, and the rules it contains on the design of compensation systems, and the supplementary circular issued by the BaFin on 21 December 2009, the Bank reviewed its salary e Risk Report Aims of the risk management / The spread-based credit risk model System of limits applied by the Bank throughout fiscal Organisation of risk management year 2009 often overvalues the actual The full Board of Managing Directors The primary task of risk management credit risk, as risks are quantified holds responsibility for the manage- is to secure the long-term ability of the using historical changes in spreads ment of risks. It is supported in this Bank to tolerate risks. The term risk which are largely influenced by mar- task by the Bank’s assets/liabilities tolerance describes the ability to bear ket factors, such as liquidity and mar- committee (APA) and, if needed, by the the risks the Bank enters into if they ket sentiment, and not just credit-rela- internal lending committee (IKA). actually occur. This results in a need ted factors. For this reason, the Super- for the Bank to identify its potential visory Board approved last year The design and structure of processes risk coverage. If the risk coverage is already the decision to cancel the over- is given great importance within risk constantly higher than the quantified night and stop-loss limits and the management. The Bank has clearly risks, the Bank is able to bear its risks limits for the total loss potential for defined the duties, authorities and for the long-term. lending risks based on this credit risk responsibilities of its staff. The design model. of workflows and processes ensures The risk coverage of the Bank, and the that activities which cannot be combi- point of departure for measuring If these limits had continued to apply, ned due to regulatory requirements limits, is the net present value of liable the limits would have been exceeded are performed by separate units of the capital as defined by Sec. 10 KWG. The for lending risks and for the total organisation. allocation of liable capital to the upper loss limit in the following cases: various risk categories was kept con- e Overnight limit: due to the continu- stant in 2009: 55% of liable capital is ing volatility in spreads, this limit still allocated to credit risk, 30% to would have been breached for the ent- Risk categories and types of risk market risk and 15% to operational ire reporting period The Bank has identified its main risk risks and other risks. The total upper e Stop loss limit: exceeded from categories as the market risk, the cre- loss limit as well as the overnight and 14 January, 2009 to 18 October 2009 dit risk, the liquidity risk and the ope- stop-loss limits – broken down into and complied with from 19 October rational risk. In addition, it has also individual risk categories – are derived 2009 to 10 December 2009, only to be identified other fields of risk such as on this basis. Whereas the overnight exceeded again from 11 December strategic risks, reputation risks and limit corresponds to the risk that the 2009 to 23 December 2009, whereaf- marketing and income risks. In con- Bank is willing to assume overnight, ter it was complied with again from 28 trast to the main risk categories, other the stop-loss limit puts a floor on the December 2009 to 31 December 2009. risks are not managed by means of actual accumulated loss in value. e Total loss limit: exceeded from special systems of limits. These account for 5% and 12.5% of the 15 January 2009 to 5 October 2009, allocated capital. complied with from 6 October 2009 to 31 December 2009. At the beginning of 2010 the Bank installed a new credit risk model and a new system of limits as part of its new business and risk strategy (see page 40 for more details). 24|25 Management report CREDIT RISK Organisation Measurement methods A central requirement on the organi- The credit risk in public-sector lending The credit risk is defined as the danger sation of the lending business is obser- and the securities business (including of a default by a counterparty on con- ving the segregation of marketing and MBS) is monitored daily by determi- tractually agreed payments of interest client-related functions (Origination) ning any changes in the risk premiums and principal and the related impair- from risk analysis and risk manage- of individual papers on their respective ment of the underlying asset. ment tasks (Transaction Manage- yield curves and is presented in the ment). The Bank observes this princi- form of Credit Value at Risk (CVaR) Property finance and capital market ple by consistently segregating these using historical simulations. On the business is always associated with cre- two offices along organisational lines. basis of the last 250 days of trading, dit risk. The aim of credit risk manage- Loans are always processed by the Ori- this indicator shows, at a confidence ment is to identify these credit risks, gination Transaction level of 99%, the maximum loss that assess them and control them appro- Management office is involved in all could ensue from holding the instru- priately. In the process, it must be risk-relevant processes. It does this by ments for one full day. ensured that DHB is always able to making an independent assessment of bear any risks it assumes. Moreover, the exposure, special control procedu- the credit risks must be offset by res and by a specific responsibility for appropriate risk-adjusted rewards. processes. For example, every loan Strategy office. The Stress tests approval in property finance requires In light of the lessons learned from the The credit risk strategy creates a bin- a second vote from Transaction crisis on the financial markets, and to ding framework for the management Management before it can be appro- implement the MaRisk rules, the Bank of existing and new credit risks that is ved. installed a new dual stress test for the risk of counterparty default. This test tied to the ability of the Bank to bear risk. Other aims are to diminish con- Non-performing loans are processed analyses the sensitivity of the CVaR in centrations of risk in the portfolio and by the Transaction Management office. terms of unexpected down-gradings in increase the transparency of risk. The measurement of credit risk and ratings of the loan book. It also deter- the reporting on credit risk for the mines the potential write-off require- Bank as a whole are performed by the ments that would be required due to risk controlling department. Risk con- higher rates of default during a crisis. trolling is also responsible for the day- Concentrations of counterparties in to-day monitoring of the development the capital market and property of methods used to measure credit finance business lines are considered risk. as particular risk drivers. A progressive system of multi-variable more (default defined in accordance stress scenarios is capable of projec- with Basel II) that do not, however, ting both a mild recession and extreme present a risk for capital requirements crises on the markets. The ability of on account of the existing collateral the Bank to withstand such crisis sce- provided (i.e. a “technical default”). narios is measured as part of the cal- The interest in arrears is written down culation of its ability to bear risks. by recording an impairment loss. RC There is a tailored catalogue of measu- VI contains all non-performing loans res to take in critical situations in (exposures for which a loan loss provi- order to control the credit risk and sion is set up) where a collection is not, increase cover pool. or no longer expected of an amount that will cover the claim. Development of the credit risk Development of credit risk Business year 2009, limit utilisation in % 0 100 Jan Mar May Loans in risk categories IV, V, and VI are reviewed at regular intervals, at As of balance sheet date, the CVaR lay least once a year, to determine any at € 23.7 m, which is only slightly hig- need to recognise a loan loss provision. her than at the end of 2008 (€ 23.0 m), The need for a risk provision exists if with it averaging € 23.9 m for the the repayment of the principal no lon- period (€ 11.9 m). ger appears secure after taking Jul Sep account of rents to be collected and the collateral plus the credit rating of par- Loan loss provisions for property ties with joint liability. Regardless of finance business this, all interest in arrears that is more Nov than 90 days overdue is written off in The property finance portfolio is clas- full. Any impairment loss recognised sified into risk categories on the basis on the principal of a loan is reviewed of the measures that need to be taken. annually and adjusted as needed. Dec The early warning system based on these categories enables the Bank to As of balance sheet date 95% (96%) of recognise risks early and systemati- the entire loan book in property cally and to react before they become finance of € 1,796 m (€ 1,928 m) was acute, by taking counteraction to classified internally to the “performing mitigate them. exposure” class (RC I to III), 2% (0%) to the “problem exposure” class (RC IV The Bank separates its property and V) and 3% (4%) as non-performing finance business into three classes hol- (RC VI). ding a total of six risk categories (“RC”): The “normal exposure” class includes RC I “no risk”, RC II “low risk” and RC III “identifiable risks”. The “problem exposure” class contains RC IV “elevated risks” and RC V “acute risks”. Category V includes all loans and advances which display arrears of at least one instalment for 90 days or 26|27 Management report 200 300 Real Estate by risk class Portfolio 31 December 2009 Previous year in brackets The additions to the loan loss pro- Risk provisions for capital market visions for the lending business business amounted to € 7.4 m in the reporting Normal loans 95% (96%) Loans with risk 2% (0%) Non-performing loans 3% (4%) period (prior year € 11.9 m). This In the capital market business, the includes interest receivables of € 1.5 m Bank also classifies its entire portfolio (€ 2.1 m) in arrears by more than of securities into six risk categories 90 days which have already been writ- (“RC”). ten down. The sum of loan loss provi- without any significant risks. RC II: sions for the property finance business watch loans and exposures with ade- amounted to € 22.6 m at the end of the quate ratings. RC III: watch loans and year (€ 22.5 m). This constitutes 1.2% exposures with elevated risks. RC IV: (1.2%) of the entire loan book for pro- watch loans and exposures with high perty finance. risks. RC V: poorly-performing loans RC I: loans and exposures and exposures, RC VI: non-performing The percentage of exposures in loans and exposures (the securities in arrears, expressed as the ratio bet- this category are written down). The ween the total sum of interest in arre- rating of a security and its latest risk ars (> 30 days) in relation to the total premium compared to the asset swap property finance loan book, stood at spread constitute the basis on which it 0.3% (0.4%). The actual cost of risk, is allocated to a particular risk cate- amounting to € 6.7 m (€ 11.9 m), cor- gory. This method ensures that both responds to 0.37% (0.62%) of the pro- the rating (which is based on the perty finance loan book. Over the last expertise of the analysts) and market three years this indicator averaged information (the asset swap spread) 0.37%. are appropriately considered in the risk classification. In order to measure the risk provision, securities in risk categories III, IV, and V are reviewed for the possible need to recognise a loan loss provision. This was measured at € 37.7 m. The remaining portfolio was measured using a valuation technique. The technique used here is a dynamic valuation technique based on a statistical binomial model, which resulted in a need to recognise further loan loss provisions of € 2.3 m. Due to changes in the port- folio, loan loss provisions fell in real Within the framework of its asset/liabi- terms from € 41.5 m in the prior year lity management the Bank can enter to € 40.0 m. Relative to the total loan into interest risks within the given risk book for capital market business, loan limits and consistent with the business loss provisions amounted to 0.2% strategy. Non-performing loans Non-performing loans Million € Share in % 2009 2008 2007 60.1 3% 74.4 4% 35.1 2% (0.2%). In the reporting year the Bank did not suffer any defaults of any kind It is not within the scope of the Bank’s in its public-sector financing or securi- business activity to assume currency ties business. risks. Open currency positions are not entered into actively on principle. The special funds of the Bank were vir- However, they cannot be fully avoided tually all released to equity without in the interests of promoting business affecting income. Since this date, the efficiency. Existing currency risks are Bank has not carried any special measured daily and reported accor- funds. dingly. Percentage of exposures in arrears Percentage of exposures in arrears in % Net loan loss provisions Million € Cost of risk (bp) The conscious acceptance of option MARKET RISK risks is also an activity that does not Strategy belong in the market risk strategy of the Bank. However, where assets/liabi- The market risk strategy describes the lity transactions entered into by the measures taken to control and mit- Bank involve option risks (e.g. termi- igate the market risk the Bank is expo- nation rights), suitable hedges are sed to at the level of portfolios and taken out. individual exposures, taking account of its business strategy and risk tole- The Bank is not involved in transac- rance. tions that are dependent on the development of shares and commodity pri- The market risk is defined as the dan- ces. Nor will it participate in such ger that the current or future assets or transactions in future. earnings of the Bank deteriorate because of changes in e interest (interest risk) e foreign exchange (currency risk) e option sensitivity, e.g. volatility (option risk) e share prices (share market risk) or e commodity prices (commodity price risk) 28|29 Management report 2009 2008 2007 0.3 0.4 0.4 6.7 37 11.9 62 2.4 13 0 Jan Mar 25 50 75 ded on any one day determined over Organisation Development of interest rate risk Business year 2009, limit utilisation in % an observation period of 250 days of 100 Fundamental to the way in which the trading. The VaR forecast is then com- Bank handles its trading business as pared daily with the actual losses in defined by MaRisk is the principle of value that are incurred (back-testing). segregating functions, in particular If these model parameters are brea- those of concluding a trade (Treasury) ched significantly, they are adjusted in on the one hand and the settlement of the course of a process to review the the trade and risk assessment (Trans- model. action Management – Money and Capital Markets) on the other. The Bank May observes this principle by clearly Stress tests segregating both of these functions along organisational lines. In addition, sensitivity analyses are carried out daily and hypothetical and Jul Sep Nov Dec The Treasury department is responsi- historical stress tests are carried out ble for concluding trades. The hand- monthly. The latter tests quantify the ling and controlling of closed deals is impact of extreme market fluctuations performed Transaction on the net assets and earnings of the Management – Money and Capital Bank. The Bank scales its stress tests Markets department, which is a unit in accordance with the recommenda- that is organisationally segregated tions of the Federal Supervisory from the Treasury and not subject to Authority. In this way the Bank has its instructions. At the level of the Bank implemented the requirements of cir- as a whole, the measurement, monito- cular 07/2007 issued by the BaFin on ring and reporting of the risks entered “Interest risks in the investment into is performed by the risk control- book”. The impact of a parallel shift in ling department. On-going monitoring the interest curve by +130 bp/ -190 bp and development of the measuring is calculated daily by the Bank to its instruments is also performed by the net present value. In the course of risk controlling department. implementing MaRisk in the version by the issued on 14 August 2009 an additional historical scenario has been deve- Measurement methods loped that was applied in the current fiscal year. In order to measure and control its market risk, the Bank calculates the value at risk (VaR) using a variance/ covariance approach for all its onbalance sheet and off-balance sheet interest risks on a daily basis. VaR shows the loss which, with a confidence level of 99%, will not be excee- A short-term liquidity forecast is pre- Development of market risk Organisation The Bank held its market risk at a low A central requirement placed on the rent liquidity status and the liquidity level in the reporting year. The given organisation of liquidity management planning from the Treasury depart- VaR limit was not breached at any is observing the strict segregation bet- ment for a planning horizon of at least time. As at the reporting date the VaR ween liquidity management and liqui- three months. In addition, at the end of reached € 2.0 m (€ 2.3 m). As an dity monitoring. The Bank will do each month a long-term liquidity pro- annual average it stood at € 3.1 m justice to this requirement by ensuring jection is prepared for at least three (€ 2.2 m). This corresponds to an ave- strict organisational segregation. The full calendar years. rage utilisation of the VaR limit of treasury department is responsible for 56%. The highest daily VaR measured controlling the liquidity of the Bank. Moreover, the Bank manages its liqui- in fiscal year 2009 came to € 4.6 m Likewise, another task of the treasury dity on the basis of the Liquidity Regu- (€ 3.6 m). department is the regular review of lation (LiqV). On this basis, liquidity is pared each day that contains the cur- the relevant sources of refinancing considered secured when the weighted The actual change in value of interest- with regard to their availability, taking average balance of cash available in a bearing items did not exceed the fore- account of the corresponding refinan- thirty-day period covers the payment cast VaR on any day. The simulation of cing costs. The money market/capital obligations that could be called in this interest shocks in accordance with the market transactions department is same period. To date, no standard has BaFin circular 07/2007 did not result responsible for monitoring liquidity established itself in the banking sector in any outliers. The 20% limit was not and preparing the documents needed for quantifying the liquidity risk. For exceeded at any time. In fact, the for the steering function, as well as this reason, the liquidity risk will not annual average burden calculated checking their plausibility. The tasks be considered in the risk tolerance under the interest shock scenarios was include the daily variance analysis of concept of the Bank, as is permitted by just 32% of this limit. the liquidity status of the Bank and the MaRisk, until further notice. day-to-day monitoring and reporting of the liquidity position of the Bank as LIQUIDITY RISK a whole. Stress tests Strategy The stress tests, which are tailored to The primary goal of the Bank’s liqui- Measurement methods dity risk strategy is to maintain the sol- the various interests of the Bank and based on various premises, are con- vency of the Bank at all times. In addi- The Bank possesses a comprehensive ducted on the short and long-term tion, the Bank must ensure that the set of tools for analysing and steering liquidity projections. They describe the liquidity ratio as defined by Sec. 2 LiqV the liquidity of the Bank (liquidity impact of extreme market conditions [Liquiditätsverordnung: German liqui- structure analysis). This secures the on the liquidity position of the Bank. dity regulation] is observed at all early recognition of possible liquidity times. A further yet subordinate goal is bottlenecks to ensure that suitable and minimising the costs of procuring targeted countermeasures can be initi- liquidity. ated. 30|31 Management report To measure operational risks the Bank Development of liquidity Organisation In the first quarter of the reporting The quality of business processes will year the Bank was dependent on the be optimised by determining those support of its shareholders to secure processes exposed to risk, so as to This involves comparing the operatio- its solvency in the wake of the drama- identify operational risks. In addition, nal risks that have occurred with the tic tightening of cash available on the the employees will be trained by the allocated limit. Special measures are money markets and capital markets. OpRisk manager in how to identify and defined in the risk manual in the event The funds received from SoFFin pur- handle risks. To realise these goals a that the utilisation of a limit becomes suant to Sec. 6 FMStFG (a guarantee of risk officer has been appointed by each critical or that a limit is breached. € 2.5 bn) within the framework of the department who is responsible for government's stability program led to recording operational risks and moni- The Bank has established a separate a significant improvement in the liqui- toring the measures implemented to process for risks associated with the dity of the Bank. counter them. outsourcing of activities and proces- applies the basic indicator approach pursuant to Secs. 270 et seq. SolvV. ses, which constitute a special form of The liquidity ratio reported pursuant to the LiqV lay between 1.1 and 1.7 operational risk. Measurement methods from February onwards and therefore In the reporting year the focus of pro- above the limit of 1.0 required by the The most important instruments to ject work was on replacing the legal IT Federal Financial Supervisory Autho- mitigate operational risks are the self- system “KEA” with the “PARIS” rity. In January of the reporting year, assessment and the loss database. system. An external firm of consul- however, this limit was not met. tants accompanied both the wording of In the framework of the self-assess- the contract and the implementation of ment, structured interviews are held the system. With “PARIS” the Bank OPERATIONAL RISK with the heads of department of the now possesses a modern legal IT Strategy Bank to identify potential operational system that is fit for the future and tai- risks for the risk categories set by the lored to the special requirements of a Operational risk is defined as the risk Federal Financial Supervisory Autho- Pfandbrief bank. of loss resulting from inadequate or rity failed internal processes, human and systems, external events). Weaknesses system error or from external events. and areas exposed to risks are filtered It includes legal risks and risks from out from the findings. Operational outsourcing activities and processes. risks are then prevented from happe- In addition to standard stress test sce- ning, or the loss incurred is minimised narios, such as a fire in the bank buil- by applying corresponding measures. ding or the outbreak of a pandemic, The Bank pursues the goal of avoiding (internal processes, people, or mitigating its operational risks. This Stress tests other stress scenarios are also elabo- involves efforts to continuously im- All losses incurred are recorded in rated. The expected impact is quanti- prove the risk management process detail in a loss database and analysed. fied by estimating the size of the loss in and develop it in accordance with the This provides the foundation for iden- the various scenarios. The stress tests changing basic conditions. tifying and analysing the causes for the are conducted annually subsequent to loss from which appropriate measures the self-assessment. can be derived and implemented. Moreover, the capture of historic data is also used to present measures that have already been implemented and measure their effectiveness. On the basis of its long-term audit INTERNAL CONTROLS AND RISK plan, the internal audit monitors and MANAGEMENT SYSTEM WITH assesses all the operations and busi- REGARD TO THE ACCOUNTING not exceed the given limit at any time. ness processes of the Bank, including PROCESS At the end of the year the limit was uti- e The functionality, effectiveness, Strategy lised by 11%. economic efficiency and appropriate- Development of the operational risk The operational risk of the Bank did ness of the internal control systems, With its internal controls and risk the reporting, the information systems management system for the accoun- and the accounting ting processes the Bank pursues e Compliance with the applicable accounting-related controlling goals laws, supervisory requirements and and other controlling goals. The ment of the internal monitoring regulations accounting-related controlling goals system. Responsibility for the esta- e Compliance with the operating are used by the Bank to steer the com- blishment and functionality of the requirements (rules of procedure, pliance and reliability of the internal internal audit department lies with the organisational instructions) and external accounting. In this entire Board of Managing Directors. e Compliance of all operating and regard, focus is placed on the comple- This responsibility cannot be delega- business processes and the preventive teness and accuracy of the documenta- ted. The internal audit reports to the measures taken to protect the Bank’s tion, the prompt recording of transac- senior member of the Board of Mana- assets. tions, reconciliations between the IT Internal audit The internal audit is an essential ele- ging Directors. At his instruction it systems and compliance with accoun- performs independent and objective The management is informed of any ting requirements. Other controlling audits as well as rendering consulting significant findings. Once a year the goals involve ensuring the implemen- services for significant projects of the internal audit submits a comprehen- tation Bank. The internal audit is organised sive report on all its major findings, taking account of the necessary appro- independently. To enable it to perform which includes the latest position vals and compliance with business its duties, the internal audit has a full regarding the implementation of mea- strategy, the economic efficiency of and unlimited right to obtain informa- sures. Serious findings are also repor- business activities as well as compli- tion at any time. ted immediately to the Chairman of the ance of the accounting with the appli- Supervisory Board. cable laws. of management decisions, The audit activities of the internal audit extend, as a matter of principle The internal audit was involved in all and on the basis of a risk-orientated significant projects in fiscal year 2009. Organisation verification approach, to all of the Bank’s activities and processes. The financial accounting, financial planning, loan accounting, assets After concluding its audit procedures, accounting, as well as regulatory the internal audit promptly prepares a reporting departments are central written audit report which includes a functions that are not allocated to any presentation of the subject and the fin- administrative area and belong to the dings of the audit. Moreover, the fin- accounting department. dings are analysed and a catalogue of measures is presented whose implementation is then monitored. 32|33 Management report In order to meet the strategies descri- Risk management of cover funds bed above, integrated controls of busi- rements of the rating agencies for nominal and present value excess ness processes have been installed Sec. 27 (1) PfandBG [“Pfandbriefge- cover of Pfandbriefe. The development that are separated into error preven- setz”: German Pfandbrief Act] requires of the present value excess cover of tive and error identification measures. that a risk management system is Pfandbriefe and the major measures Preventive measures primarily involve installed for the Pfandbrief business taken to manage the cover funds is observing the segregation of functions, which contains suitable instruments reported on monthly in the asset/liabi- restricting access, setting standard and rules for steering, monitoring, and lity management committee. procedures, and checking plausibility. controlling risks in the Pfandbrief Measures aimed at identifying errors business. The Bank has installed a risk The Bank complied with expanded include controls of completeness and management system in accordance liquidity requirements on cover, impo- accuracy based on the principle of with Sec. 27 PfandBG. The reporting sed by the amendment to the Pfand- dual control. When implementing duties and transparency duties pursu- brief Act in 2009 to include the "180 measures to comply with new laws and ant to Sec. 28 PfandBG are met by the days liquidity” ruling, at all times regulations, support is obtained from preparation of a monthly report on the during the year. external experts. With regard to any risks pertaining to cover funds. new product processes, proof must obtained prior to any product launch, The German Pfandbrief Act requires that the new product is appropriately that cover funds are covered at all represented in the accounting system. times by funds whose present value The Board of Managing Directors exceeds the exposure by at least 2%. implemented a new business and risk The internal audit regularly conducts The Bank monitors compliance with strategy on 15 January 2010 with the controls of the accounting that are this legal requirement on a daily basis. approval of the Supervisory Board. independent of the processes. The The net present value of the cover Based on this new business and risk accounting of the Bank is also revie- funds, taking account of the regulatory strategy, and the new risk manual, the wed by the external auditor of the stress tests described above, are used risk management system and system financial statements at year end, as to calculate the surplus in cover requi- of limits were completely revised and well as during the review of the inte- red by Sec. 4 (1) PfandBG. In this way in some parts totally redesigned in rim financial statements for the first the required surplus is ensured even in order to meet the MaRisk require- six months of the year. In the course of the event of extreme interest and ments issued on 14 August 2009 and the rating of the Bank by the Gesell- foreign exchange fluctuations (Sec. 4 remedy the deficiencies of the old risk schaft für Bankbeurteilung (GBB) PfandBarwertV [“Pfandbrief-Barwert- management system. there is also a review of the accoun- verordnung”: Regulation on ensuring ting. The Bank has installed a risk adequate cover of Pfandbriefe]). The The most important changes compa- management system for its accounting Bank applies a dynamic method for its red to the former risk management processes that contains the measures stress testing. As an annual average, system are: needed to identify and measure the the net present surplus in cover for significant risks and corresponding public-sector Pfandbriefe after stress risk-mitigating measures to ensure testing amounted to 6.4% and for that the financial statements comply mortgage Pfandbriefe 17.7%. The with requirements. huge overlap in cover compared to the excess cover required by law can be attributed to the more stringent requi- New business and risk strategy e All credit risks will be measured Risk position of the Düsseldorfer and managed using uniform methods Hypothekenbank Net present value overcollateralisation Public-sector Pfandbriefe 2009 in % in future. In addition to credit risks 0 from the property finance business In the reporting year, the Düsseldorfer and the capital market business this Hypothekenbank extends to the credit risks from the developments to its risk management money market business (including and its risk controlling system. In repurchase transactions with banks) future, too, the methods used to mea- Apr and from derivatives. sure risks and steer risk processes will May e Credit risks will be measured using be continually improved. Risks that Jun the default-based Credit-Value-at-Risk were significant for assessing the ove- Jul approach based on the Gordy model. rall risk exposure of the Bank in fiscal This model supplies an estimate of the year 2009 have been presented in the expected loss and the unexpected loss preceding sections of this report. Other for the loan book. significant risks were not discernible Oct e The concept used to assess the risk in the reporting year. The Bank has Nov tolerance of the Bank was extended to made appropriate provision for all Dez include an income statement-based discernible risks. made significant 2 4 6 8 10 Jan Feb Mar Aug Sep analysis, in addition to the present- annual average: ---- value orientated assessment of the ability of the Bank to bear risk from a going concern perspective. Net present value overcollateralisation Mortgage-Pfandbriefe 2009 in % 0 The system of limits was revised to match the changes in methods and its 10 20 Jan Feb conceptual basis extended. The main goals of the new architecture of the Mrz system of limits are to secure the abili- Apr ty of the Bank to bear the risks it May enters into and to limit risk concentra- Jun tions. The CVaRnew calculated using Jul the new credit risk model for all credit Aug risks of the Bank (likelihood 99%, default period of one year) amounted Sep to € 126.0 m as at 31 December 2009. Oct With a CVaR-Limitneu of € 190.3 m Nov the result was a 66.2% utilisation of Dec the limit. annual average: ---- 34|35 Management report 30 e Outlook The dominant issue on the capital In the meantime, the EU commission In the meantime, there are many signs markets in the first weeks of the new has formulated clear requirements for that the economies in the euro area year was the budget crisis in Greece, the consolidation of Greek state finan- are continuing on the course of reco- one of the countries in the euro area. ces. On this basis the Greek budget very that began in the past year. The In December 2009 Fitch was the first deficit must be scaled back to 8.7% of Economic Sentiment Index that is rating agency to lower its rating of GDP in the current year and to 2.8% of widely recognised as an early indicator Greece from A+ to BBB+ after the GDP by 2012. The commission will of economic development in the euro Greek government announced that the monitor progress by means of strict area rose in January for the tenth time budget deficit in the country would monthly monitoring. As long as there in succession to 95.7 points (after rea- reach 12.7% of GDP, almost double the appears to be no serious intention on ching a low of 70.6 points in March amount previously forecast. The ensu- the part of the Greek government to 2009). The German IFO economic ing widening in the credit default swap install savings measures, it must be index stood at 95.8 points compared to premiums (CDS premiums) accelera- expected that spreads will remain its low of 82.2 points in March 2009. In ted in January as a result of Greek fun- volatile. On the other hand, fears that December 2009 the ECB economists ding requirements of approximately € a departure of Greece from the Euro- raised their GDP forecast for the euro 54 bn. At the beginning of February, pean monetary union or even a default area from 0.2% to 0.8%. They expect CDS premiums for five-year Greek by Greece could destabilise the inter- growth of 1.2% in 2011. Growth will be government bonds, that had stood at national capital markets and the inter- encouraged by rising inventories and a 283 bp at the beginning of the year, national banking system appear to be recovery in exports, whereas there is a reached 428 bp, only to fall once the over-exaggerated. In order to avoid perceived risk that unemployment will EU indicated that it was prepared to such extreme scenarios, external assi- continue to increase as economic sti- provide a rescue package. Portugal, stance would most likely be provided mulus packages come to an end. In which is also wrestling with a large from Brussels or the IMF with strin- contrast to recent years, German GDP budget deficit, was drawn into this gent requirements for Greek fiscal growth is expected to lie above the development (with its premium rising policy attached. Consequently, given average for the euro area. from 92 bp at the end of the year to its hold-to-maturity strategy, the Bank 244 bp at the beginning of February). is not expecting any defaults on inte- Positive stimulus for growth is also rest payments or capital in its Greek or likely to continue to come from the len- The exposure of Düsseldorfer Hypo- Portuguese exposures in the foreseea- ding rate policy of the ECB. With the thekenbank in these two countries ble future. inflation rate forecast to be near one amounted to a nominal amount of percent, it is not expected that the key € 854 m as of 31 January 2010, of rate will be raised before the fourth which € 422 m relates to Greece quarter of the current year. The ECB (€ 375 m in sovereigns, € 2 m in sub- has unequivocally stated that the spe- sovereigns and € 45 m in banks) and cial measures to secure the liquidity of € 432 m to Portugal (€ 155 m sover- the banking system that were put into eigns, € 145 m in sub-sovereigns, place to confront the crisis will be pha- € 38 in covered bonds, € 89 m in bank sed out step-by-step. In December bonds and € 5 m in corporate bonds). 2009 a refinancing offer with a oneyear term was offered for the last time. Six-month terms are also likely to come to an end from April 2010. The As usual the new year started with a In light of this general economic envi- president of the German Central Bank, lot of new issues on the bond market, ronment, the Düsseldorfer Hypothe- Mr. Weber, has not excluded a return the market for liquid covered bonds kenbank has refrained from entering to the bulk tender process with full being particularly outstanding. The into any new business in either the allocation by the middle of the year volume of issues in January came to € property finance sector or the capital with a normal interest tender. Such a 29.5 bn, the second highest in its ent- market business. step would mean that overnight rates ire history. With just two jumbo bonds, in the interbank market, which have German issuers were particularly In its mid-term planning, which lately hovered around 0.3%, would under-represented. For the rest of extends to the end of 2013, the Bank return to near the key rate and that year it is also expected that new bond assumes there will be a sustained rise other money market rates would rise issues from German issuers of Pfand- in the number of approvals for new again. The Bank will consider the briefe will continue to be moderate. business in the sector of property resulting scenario for money market The estimated volume of Pfandbriefe financing. The accumulated volume of refinancing in its funding policy. expected to mature in 2010 is compa- new business in the coming four years ratively low, at just € 175 bn. In addi- is expected to total almost € 11 bn with On the capital markets, German tion, it can be expected that public- the accumulated net interest income government bonds profited from their sector cover business from issuers of amounting to € 287 m. An essential safe haven status at the beginning of Pfandbriefe will decline again this component of the planning is that the the year. The yield on ten-year govern- year. In this context, the number of Bank receives a substantial equity ment bonds fell to 3.10% at the begin- issues from the Bank, which are injection. ning of February, with ten-year inte- anyway small in number, is unlikely to rest swaps slipping to 3.33% (two-year suffer any restrictions. The long-lasting process to sell the to 1.56%). The market expects interest Bank to a suitable investor should be rates to rise moderately on the capital Following the typical pattern of beha- concluded in the second half of 2010. markets over the course of the year. viour, The investors involved show undimi- The forward rates at the end of 2010 Europe will have a delayed impact on for interest the property market. However, the swaps came to 3.73% (2.24%) as of trend towards stabilisation is likely to In view of the realignment of the Bank 10 February 2010. continue, albeit moderately and with associated with the unfinished sales regional differences. The fall in rents process, a reliable forecast of results will start to slow down across a wide for the coming year would be subject front and selected locations will even to a major degree of uncertainty at return to slight growth. Factors that present and is therefore hardly possi- will dampen recovery will be the ble. ten-year (two-year) the economic recovery in nished interest in purchasing. sustained low level of net absorption with regard to the volume of new construction that is coming on to the market. Nevertheless, the Bank expects that there will not be any need to make provision for depreciation in the property finance business above the level of the prior year. 36|37 Management report ANNUAL ACCOUNTS Balance Sheet Profit and Loss Account Notes Supervisory Board, Board of Managing Directors Auditors’ certificate ANNUAL ACCOUNTS Balance Sheet Profit and Loss Account Notes Supervisory Board, Board of Managing Directors Auditors’ certificate e Balance Sheet as at 31 December 2009 Assets in thousand € 2009 2009 Cash reserve of which: with Deutsche Bundesbank collateralised against securities Bonds and other fixed income securities Bonds and notes of public-sector issuers of which: eligible as collateral with Deutsche Bundesbank of other issuers of which: eligible as collateral with Deutsche Bundesbank 4,345,989 3,256,297 2,094,986 (787,299) 0 (0) 1,469,177 2,140,607 25,278 3,635,062 1,573,376 2,891,021 36,754 1,921 (1,965) 4,622,046 5,048,517 4,206,123 8,802,768 (4,417,297) 13,424,814 9,152,642 7,541,997 (8,074,757) 2,586,153 16,010,967 93,025 (92,075) 14,923 33,413 15,336 15,336 2,584,302 Shares and other variable-yield securities Participating interests of which: in banks 104,846 1,035,891 Own debt instruments Nominal amount 51,090 (104,534) 2,717,665 1,628,324 Claims on customers Mortgage loans Public-sector loans other claims of which: collateralised against securities 2008 50,726 Claims on banks Public-sector loans other claims of which: payable on demand 2009 8 (8) 1,008 1,385 Tangible assets 16,888 20,479 Other assets 27,967 30,050 50,736 70,941 42,677 24,169,966 24,465,745 Intangible assets Deferred items from issuing and lending business others Total Assets 30,804 19,932 Liabilities in thousand € 2009 Liabilities to banks registered Mortgage Pfandbriefe issued registered Public-sector Pfandbriefe issued other liabilities of which: payable on demand 2009 117,070 316,030 8,328,430 2009 2008 8,761,530 145,584 448,434 8,222,537 257,094 (194,063) to lenders to secure loans contracted 0 (0) and registered Public-sector Pfandbriefe 0 (0) registered Mortgage Pfandbriefe given Liabilities to customers registered Mortgage Pfandbriefe issued registered Public-sector Pfandbriefe issued savings deposits with agreed withdrawal notice of three months with agreed withdrawal notice of more than three months 521,410 4,705,879 10,615 10,548 (13,273) 67 other liabilities of which: payable on demand 508,280 4,759,001 13,273 (0) 2,119,665 7,357,569 2,308,691 39,431 (592,086) to lenders to secure loans contracted 0 (0) and registered Public-sector Pfandbriefe 0 (0) registered Mortgage Pfandbriefe given Securitised liabilities Bonds issued Mortgage Pfandbriefe Public-sector Pfandbriefe other bonds 215,960 4,894,598 2,511,558 7,622,116 246,134 7,312,916 35,017 2,210 28,195 6,456 10,554 17,010 8,516 15,816 188 7,379 7,567 2,588 12,493 55,099 53,000 39,376 37,781 Other liabilities Deferred items from issuing and lending business others Provisions Tax provisions others Subordinated liabilities Profit-sharing rights of which: due in less than two years Capital and reserves subscribed capital Capital reserve Revenue reserve other revenue reserves distributable profit Total Liabilities Contingent liabilities Liabilities from guarantees and indemnity agreements Other commitments irrevocable loan commitments 24,613 (23,616) 251,000 199,229 48,893 -191,633 251,000 199,229 307,489 48,893 -191,633 24,169,966 24,465,745 626 746 9,027 60,486 40|41 Annual accounts e Profit and Loss Account from 1 January to 31 December 2009 in thousand € Interest income from lending and money market transactions from fixed-income securities and debt register claims 2009 2009 2009 1,603,741 510,917 2008 2,622,670 2,114,658 684,055 -2,061,957 52,701 -3,279,480 Income from shares and other variable-yield securities from participating interests 2,642 13 2,655 1,675 13 Commission income 2,017 Interest paid -16,349 Commission paid Net income from financial transactions Other operating income General administrative expenses Staff expenses Wages and salaries compulsory social security contributions and expenses for pensions and other staff benefits 3,418 -14,332 -2,047 0 0 5,753 347 -5,901 -1,022 of which: pensions -7,478 -6,923 -1,015 -171 other administrative expenses (-176) -16,736 -23,659 -11,197 Depreciation of and value adjustments to intangible and tangible assets -3,039 -2,477 Other operating expenses -6,430 -7,996 Write-downs of and value adjustments to claims and certain securities as well as additions to the provision for possible loan losses to participating interests, shareholdings in affiliated companies and securities treated as fixed assets -9,368 -88,426 -2,674 -127,262 1,607 -215,200 0 0 1,607 -215,200 Profit on ordinary activities Extraordinary expenses Profit before taxes Taxes from income and earnings Other taxes not included under “other operating expenses” Net income/ loss for the year Loss/ Profit from prior year Replenishment of/ withdrawal from profit-sharing rights Balance sheet loss 22 -34 -63 -12 -36 1,595 -215,299 -191,633 100 -1,595 23,566 -191,633 -191,633 e Notes Accounting and valuation principles conjunction with a valuation technique than € 1,000 are collected on a catch- that reflects the probability of default. all item and depreciated over five The financial statements have been The sum of loan loss provisions deter- years in accordance with tax legisla- prepared in accordance with the appli- mined in this manner amounted to tion. cable provisions of HGB [“Handelsge- € 39.8 m in the reporting year (prior setzbuch”: German Commercial Code], year: € 41.5 m). In addition, impair- Liabilities are recorded at the amount AktG [“Aktiengesetz”: German Stock ment losses of € 8.8 m were recognised needed to settle the obligation. The dif- Corporation Act] and PfandG [“Pfand- on securities that were sold in the ference between the face value and briefgesetz”: German Pfandbrief Act] reporting year. In the fiscal year 2009, amount paid out is shown under as well as RechKredV [“Verordnung 256 securities held as a cash reserve ‘deferred items’. Zero-coupon bonds über die Rechnungslegung von Kredit- with a nominal volume of € 4,044 m are measured at issue price plus inte- instituten": Bank Accounting Direc- were reclassified as fixed assets. At the rest on a pro rata temporis basis in tive]. time of the reclassification the market accordance with the return on the value of these securities was € 348 m issue. Claims are stated at nominal value in below their carrying amount without accordance with Section 340e (2) Ger- considering the effect of any interest Provisions have been made for taxes man Commercial Code (HGB); the dif- hedges. and contingent liabilities based on the ference between the amount paid out estimated amount needed to settle the and the nominal amount is shown The profit participation rights pres- under ‘deferred items’. All discernible ented under shares and floating rate individual risks in lending are taken securities are allocated to fixed assets The balance sheet items denominated into consideration by the formation of and measured at cost. Loan loss provi- in foreign currency and hedges are loss provisions. In addition, there are sions are recognised in the event of converted, using the closing rate as general risk provisions within the permanent impairment, likewise cal- published by the ECB, as at balance meaning of Section 340f (1) HGB and culated using a valuation technique sheet date in accordance with Sec. portfolio-based loan loss provisions based on default probabilities. The 340h HGB. calculated at a flat rate. loan loss provisions determined in this Bonds recorded under current assets obligations. way amounted to € 0.2 m in the repor- Derivative financial transactions that ting year. serve to hedge against interest rate are stringently valued at the lower of and exchange rate fluctuations are not perpetual weighted average cost or Participation interests are shown at measured in isolation and are not lower market value as of balance sheet cost. recognised because they are pending date, after taking interest hedges into transactions. account. Bonds classified as fixed Property, plant and equipment and assets are valued at cost plus a pro intangible assets are stated at cost and When reporting risk provisioning and rata temporis release of the difference written off on a straight-line basis over the result from financial investments, to their face value. Zero bonds are their useful lives. In the event of a use is made of the possibility of cross- recognised at amortised cost with their likely permanent loss in value, extra- compensation in accordance with Sec- interest income posted to income. The ordinary write-downs are recorded. In tion 340f (3) HGB and Section 340c (2) pro rata temporis release of a pre- the reporting year, extraordinary HGB. mium or debt discount is included in write-downs of € 7.4 m were required net interest income. In the event of any on the completed office building. Of (Tabelle: Gliederung nach Restlaufzei- specific indications of a potential this amount, € 6.5 m was offset by uti- ten Table: Breakdown by remaining default, the securities were written lising a provision for potential losses time to maturity) down to the most likely amount expec- for pending transactions that had been ted to be received. A loan loss provi- recognised in the prior year. Low- Claims on customers with an indefinite sion is recognised if the impairment is value assets are depreciated in full in term amount to € 5.8 m (prior to taking expected to be permanent on the basis the year of acquisition. Assets with a into account any provisioning). There of an individual risk assessment in value of at least € 150 but not more are no other securitised debts. 42|43 Annual accounts Breakdown by remaining time to maturity Million € payable on demand ≤ 3 months > 3 months ≤ 1 year > 1 year ≤ 5 years > 5 years undefined term total 1,036 661 323 1,126 1,200 5 219 244 2,071 1,119 257 5,877 2,251 182 195 8,762 39 2,189 642 936 3,541 7,347 Claims on banks on customers 4,346 6 3,664 * Liabilities on banks on customers saving deposits others 11 11 * Residual claim without loan loss provision The item ‘Bonds and other fixed-inte- Marketable securities rest securities’ includes amounts totalling € 2,194 m that fall due in the year All bonds and other fixed-interest following the balance sheet date. securities totalling € 13,220 m are negotiable on the stock exchange. Of Amounts contained in the sub-item this amount, € 12,885 m is listed on the ‘Bonds issued’ that fall due in the year stock exchange. following the balance sheet date total € 3,051 m. The profit participation rights of € 14 m reported under shares and flo- Claims on banks of € 48 m relate to ating rate securities are negotiable companies in which a participating and are listed on the stock exchange, interest is held. Liabilities to banks whereas the participating interests of contain € 3.7 m from companies in € 15 m are not negotiable. which a participating interest is held. Of the bonds, € 5,328 m is accounted for by bonds designated as eligible Cash reserve cover for Pfandbriefe in circulation. Bonds of € 13,220 m and shares and The ‘Cash reserve’ item includes depo- floating rate securities of € 14 m are sits at central banks totalling € 50.7 m not measured using the strict lower of and cash in hand totalling € 364 k. cost or market principle as at the balance sheet date. This includes bonds with a book value of € 6,049 m and profit participation rights with a book value of € 795 k. Due to price fluctuations on the capital markets the market values of these instruments as of balance sheet date was € 382 m less for bonds (excluding interest hedges the book value of bonds amounts to € 8,525 m and the potential loss to € 686 m) and € 88 k less for the profit Development of fixed assets Million € Bonds and notes Participating Shareholdings interests in affiliated companies Intangible assets Tangible assets total 4 24 10,216 8 4,008 Cost of acquisition/ manufacture carried forward on 1 January 2009 10,173 0 Additions in 2009 3,982 18 Disposals in 2009 -668 -4 Accumulated depreciation -267 Book value as at 31 December 2009 13,220 Depreciation charge in 2009 participation rights. They are counter- 14 15 15 -8 -4 -676 -3 -11 -281 1 17 13,267 -1 -8 -17 Other assets and liabilities balanced to some extent by liabilities and derivatives measured at market Other assets contain a property of prices. € 26 m which was acquired within the framework of a rescue acquisition and Low-value assets of up to € 150 are tax receivables of € 0.9 m. reported as ‘additions’ in the year and are expensed in full. These items are Other liabilities generally consist of included in the disposals of the fiscal payment obligations originating from year. Assets with a value of at least daily operations which had not fallen € 150 but not more than € 1,000 are due by balance sheet date and tax lia- collected on a catch-all item and bilities. depreciated over five years. Property, plant and equipment of € 15.8 m relates to the land and buildings used for Deferred items from issuing the Bank’s own operations. Moreover, and lending business property, plant and equipment also includes office and operating equip- The assets-side deferred items contain ment of € 1.1 m. prepaid expenses which include a discount of € 11 m offered on a bond issue, premiums on claims totalling Participating interests € 17 m and upfront premiums of € 19 m. The liabilities-side deferred As in the prior year, the participating income contains an issue premium of interest in Bauer Aktiengesellschaft € 0.6 m on bonds and discounts in zur Entwicklung des europäischen respect of claims of € 6 m. Kommunal- und Hypothekarkredits, Glarus, Switzerland, amounts to 29%. According to the company, book equity totalled € 41 m as at balance sheet date after currency conversion. A preliminary profit for the year of € 2.9 m was reported by the company. 44|45 Annual accounts Subordinated liabilities Million € Interest rate Issue date Maturity 20 4.22 25.02.2005 25.02.2015 7 4.68 28.01.2005 28.01.2015 8 4.69 28.01.2005 28.01.2015 Profit-sharing rights Subordinated liabilities After allocating losses to holders of No subordinated liabilities were issued profits participation rights, the balance in the reporting period. Consequently, comprises profit participation rights of the balance of the item has remained € 21 m, profit participation certificates unchanged, subject to restricted transfer of € 3 m, papers of € 20 m and bonds of € 33 m. and registered profit participation cer- In contrast to the prior year, the pro tificates of € 15 m. Of the profit partici- rata share in interest due of € 2.1 m is pation rights, an amount of € 13 m is no longer presented under the other recognised as liable capital until the liabilities but also under “subordinated beginning of July 2010 and € 2 m until liabilities”. In the event of the insol- the beginning of July 2011. vency or liquidation of the Bank, sub- consisting of bearer ordinated liabi-lities may not be settled Due to the terms of the issue, the accu- until the claims of all more senior cre- mulated losses for 2008 led to a reduc- ditors have been satisfied. Premature tion of profit participation capital. If repayment is precluded. These borro- profits remain in future years after wings qualify as liable capital under allocating losses, the profit participa- the criteria in Section 10 (5a) KWG tion capital must be replenished to its [“Kreditwesengesetz”: German Ban- original nominal amount before the king Act]. The interest and debt dis- profit for the year can be used for any count expenses on all subordinated lia- other purposes. For this reason no inte- bilities totalled € 2.2 m. rest expenses were incurred on the profit participation rights in the year The following subordinated loans each 2009. The net profit of € 1.6 m genera- account for more than 10% of the total ted in the fiscal year 2009 was used to balance (s.T.). replenish profit participation capital, with the replenishment being in proportion to the face value of each profit Subscribed capital and participation right in relation to the revenue reserves total face value of all profit participation rights. The accumulated losses brought forward from the prior year of € 192 m were carried forward to new account. As at the balance sheet date, subscribed capital totalled € 251 m. It compri- ses 251,000,000 no par value registe- The annual average number of red shares of € 1 each. The reserves of employees for the year, excluding € 248 m comprise the capital reserve of members of the Board of Managing € 199 m and other revenue reserves of Directors, was 78 employees, including € 49 m. six part-time employees (converted to full-time basis). Contingent liabilities and other commitments Auditing and consulting fees The liabilities on guarantees and war- Administrative ranties largely comprise guarantee € 350 k for the auditor of the current loans of € 0.6 m which are secured by fiscal year's financial statements, senior mortgages. As at the balance € 60 k for auditing the financial state- sheet date irrevocable loan commit- ments of the prior fiscal year plus ments totalled € 9.0 m. Of this total, € 183 k for other audit services. expenses include € 4.1 m relates to loans, € 2.1 to mortgage loans, and € 2.8 m to current account lending. In some cases the Other operating result Bank receives commission for the guarantee loans. Loan commitments avai- Other operating income of € 5.8 million led of within current accounting len- contains rental income (€ 4 m), releases ding are remunerated by interest on of accrued expenses (€ 1.2 m) and the the resulting overdrafts. proceeds from the sale of a property in the reporting period of € 0.4 m. Other operating expenses of € 6.4 m relate to Assets assigned as collateral the costs of a provision created for impending losses (€ 3.6 m), the opera- As at the balance sheet date, securities ting costs for own property (€ 2.3 m) a totalling € 1,978 m were assigned wit- provision for private customer business hin the framework of repurchase (€ 0.3 m) and a balancing item for agreements (non-recourse repurchase foreign currency conversion (€ 0.2 m). agreements). The book value of bonds transferred as security for open market loans and other loans totalled Taxes on income € 7,256 m. Taxes on income originate from the result of ordinary business activities. Personnel expenses, emoluments and employees Appropriation of profits and losses Personnel expenses totalled € 6.9 m in the reporting year. This includes total The accumulated losses of € 192 m will emoluments for the Board of Managing be carried forward to new account Directors which came to € 842 k. The emoluments for the members of the Supervisory Board (€ 219 k) are included under other administrative expenses. 46|47 Annual accounts Public-sector Pfandbriefe: Nominal overcollateralisation Million € 2009 2008 Claims on banks (public-sector loans) 2,123 2,952 Claims on customers (public-sector loans) 2,088 2,812 Claims on customers (mortgage loans) 1 Bonds and other fixed-income securities 5,328 5,949 Ordinary cover 9,540 11,713 926 1,132 Substitute cover Total cover 10,466 12,845 Public-sector Pfandbriefe requiring cover -9,691 -12.226 775 619 Overcollateralisation Public-sector Pfandbriefe: Net present value (npv) overcollateralisation Million € npv Risk-adjusted npv 2009 2008 2009 2008 Cover assets 10,741 13,264 10,091 12,270 Public-sector Pfandbriefe -9,997 -12,564 -9,388 -11,654 744 700 703 616 Overcollateralisation Public-sector Pfandbriefe: Principal maturities by years Million € till 1 year Total cover Public-sector Pfandbriefe 2009 2008 2009 2008 806 2,567 1,815 2,470 till 2 years 1,170 837 1,745 1,910 till 3 years 703 1,038 325 1,788 till 4 years 1,124 710 1,100 372 till 5 years 1,047 1,044 410 1,140 till 10 years 3,748 4,801 1,963 2,012 > 10 years 1,868 1,848 2,333 2,534 total 10,466 12,845 9,691 12,226 Public-sector Pfandbriefe: Public-sector loans by country and borrower Million € Central government 2009 2008 134 138 Belgium Bulgaria Regional authorities 2009 2008 20 20 2,271 3.072 Local authorities 2009 2008 France Greece 295 290 25 25 127 107 15 15 34 41 3,097 4,468 34 40 175 50 2 2 13 13 40 78 Ireland Iceland Italy 240 295 Japan Canada Latvia Lithuanian 51 66 143 25 25 53 15 5 150 2008 33 Denmark Germany others 2009 18 20 73 Luxembourg 7 8 Netherlands 27 14 Norway 10 10 1,435 1,563 95 110 Austria 125 125 Poland 115 101 Portugal 155 105 Romania 81 101 Switzerland 15 77 15 74 Slovenia Slovakia 105 512 Czech Republic 152 152 Hungary 157 25 USA 581 114 134 18 20 80 32 25 35 38 45 United Kingdom 98 139 105 Spain Cyprus 95 50 98 There are no payments in arrears in the case of claims serving as cover for public-sector Pfandbriefe. 48|49 Annual accounts 50 25 69 136 Mortgage Pfandbriefe: Principal maturities by years Million € Total cover Mortgage Pfandbriefe 2009 2008 2009 2008 till 1 year 547 467 137 85 till 2 years 37 43 152 137 till 3 years 87 24 93 152 till 4 years 122 136 61 82 till 5 years 51 70 26 41 till 10 years 94 183 203 240 > 10 years 75 54 167 139 1,013 977 839 876 2009 2008 total Mortgage Pfandbriefe: Mortgage loans by loan size Million € < 0.3 Mio € 1 > 0.3 Mio € ≤ 5.0 Mio € 133 88 > 5.0 Mio € 794 816 928 904 Mortgage Pfandbriefe: Property loans by use of property and country Million € Germany 2009 2008 Appartments 58 57 Multi-family dwellings 19 50 Offices 279 283 Retail 144 158 others 44 44 France 2009 2008 Netherlands Switzerland United Kingdom 2009 2009 2008 2008 2009 2008 USA total 2009 2008 2009 2008 53 27 58 57 72 77 145 112 563 541 27 7 171 165 64 64 residential commercial 21 21 20 20 49 49 31 32 There are no payments in arrears in the case of claims serving as cover for mortgage Pfandbriefe. 38 44 Mortgage Pfandbriefe: Nominal overcollateralisation Million € 2009 2008 Claims on customers (mortgage loans) 928 904 85 73 Substitute cover Total cover Mortgage Pfandbriefe requiring cover Overcollateralisation 1,013 977 -839 -876 174 101 Mortgage Pfandbriefe: Net present value (npv) overcollateralisation Million € Cover assets Mortgage Pfandbriefe Overcollateralisation NPV Risk-adjusted NPV 2009 2008 2009 2008 1,069 1,031 1,045 1,020 -868 -895 -923 -973 201 136 122 47 Foreclosures, seized properties Repayments of mortgage loans and interest in arrears In the fiscal year, mortgage loans totalAs at the balance sheet date, no fore- ling € 81 m were repaid. Of this total, closure proceedings were pending for € 60 m was due to scheduled amortisa- mortgages serving as cover. In the tion and € 19 m to other repayments on reporting year foreclosure proceedings commercial pro-perties. An amount of were applied for with regard to one € 2 m was amortised on residential cover mortgage. The court hearing is properties. expected in the first quarter of 2010. No properties were seized in the year to prevent losses on mortgages serving Foreign currency positions as cover. Total assets denominated in foreign The interest in arrears of € 1.6 m, currencies amounted to € 1,387 m as at arising between 1 October 2008 and balance sheet date. Liabilities denomi- 30 September 2009, was written off in nated in foreign currencies amounted full as a bad debt. They relate to two to € 150 m. Foreign currency positions commercial properties. were secured against exchange rate fluctuations by corresponding hedges. 50|51 Annual accounts Financial derivates by remaining time to maturity Million € Interest rate swaps Cross-/ currency swaps Nominal amount < 1 year 1 – 5 years > 5 years total Market value 5,845 14,410 18,529 38,784 -503 617 66 289 972 -24 6,462 14,476 18,818 39,756 -527 Outsourced areas In the view of the Bank, the most significant process that has been outsour- The Bank has outsourced significant ced is the data-processing of the functions in an effort to cut its costs. accounts department. In the fiscal year, Outsourcing that is relevant from an IT this led to cash outflows of € 1.5 m. The perspective relates to the transfer of Bank expects future cash outflows to data-processing functions in the ac- be similar. counts department and the provision of interfaces pursuant to Sec. 24c KWG (automatic search of account informa- Derivative financial instruments tion) to an external partner working under contract. Furthermore, mone- As at the balance sheet date, the follo- tary transactions, credit card proces- wing interest and currency-driven for- sing, salary accounting, management ward transactions were still outstan- of securities and custodian business of ding: interest rate swaps, interest the Stuttgart branch and the archiving rate/currency swaps, short swaption of documents subject to mandatory positions, note loans with put and call archiving requirements, have all been options, Pfandbriefe with call option, outsourced to third parties. What is rate capping agreements. All derivati- common to all outsourcing is that none ves serve the purpose of hedging of these services could be performed by against interest rates and exchange the Bank at such a low cost. The asso- rate fluctuations. ciated costs can be reliably calculated, no own human resources need to be allocated to these tasks, and the Bank can profit from the experience and expertise of the contractual partners. Apart from the usual disadvantages attached to outsourcing, the Bank does not perceive any special risks that could arise from outsourcing these functions. Results from use of financial derivatives Million € from Micro hedging from Macro hedging 2009 2008 2007 2009 2008 2007 Earnings 414.8 406.3 432.7 915.2 1,785.0 1,570.1 Current 414.8 406.3 407.1 850.8 1,725.6 1,457.8 25.6 64.4 59.4 112.3 Costs -410.6 -392.3 -409.9 -961.6 -1,840.3 -1,627.5 Current -403.2 -392.3 -390.0 -895.8 -1,779.8 -1,554.8 -19.9 -65.8 -60.5 -72.7 22.8 -46.4 -55.3 -57.4 Market values compensation Market values compensation -7.4 4.2 14.0 The negative market values of the deri- The member of the Board of Managing vative financial instruments were set Directors, Dr. Dirk Hoffmann held a off against the corresponding positive position on the Advisory Board of market values of the hedged items. Bauer Aktiengesellschaft zur Entwikklung des europäischen Kommunal- The fair value compensation of deriva- und Hypothekarkredits, Glarus, Swit- tives relates to close-outs. In the repor- zerland. Moreover, he is the President ting year swaps with a face value of of the Advisory Board of Banque Bauer € 2,284 m were liquidated. Within the (Suisse) SA, Geneva, Switzerland. framework of macro hedges against interest exposures, contracts with posi- As at balance sheet date, there were no tive market values of € 64.4 m and loans to members of the Supervisory negative market values of € 73.2 m Board. were liquidated with the results being posted to net interest income. The Bank engages in principal brokering services (Section 1 (1) No. 4 KWG) and custody business (Section 1 (1) No. Other reporting obligations 5 KWG) for third parties. Resba Beteiligungsgesellschaft mbH (the deposit protection agency of the Transactions with related parties Association of German Banks) informed the Bank that it had acquired Interest of € 2.3 m was paid to related more than 25% of the shares of the firms and persons in the reporting year Company. for funding, which took the form of overnight deposits. In addition, a provision of € 0.9 m was established to cover the expected assumption of costs related to services. 52|53 Annual accounts Statement of operations by segment Million € Property financing Public-sector lending Other activities total 2009 2008 2009 2008 2009 2008 2009 2008 4.0 11.4 51.6 18.3 -0.3 -0.8 55.3 28.9 Results by segment Net interest income Trading result 0.6 1.2 -16.2 -1.6 1.3 1.8 -14.3 1.4 Administrative expenses* -6.9 -8.6 -9.9 -11.0 -10.6 -10.2 -27.4 -29.8 Valuation result -6.7 -11.9 -5.3 -203.8 -12.0 -215.7 Taxes 2.4 -9.0 -5.5 59.4 20.2 -61.9 -138.7 -9.6 -71.1 -0.1 1.6 -215.3 Ratios Risk assets Cost/ income ratio Return on equity 63 103 122 245 122 151 307 499 150% 68% 28% 66% 1.060% 1.020% 65% 73% -14.2% -5.3% 16.5% -56.6% -7.9% -47.1% 0.5% -43.1% * incl. other operating result Cash flows are allocated to operating Segment reporting activities in line with the composition of In terms of the method applied, the the operating result. The cash flow segment reporting is based on the from investing activities is mostly due income statement and allocates all to payments made in connection with expenses and income to the individual the acquisition of financial assets. The segments according to the costs incur- cash flow from financing activities pre- red. The result per segment comprises sents the cash flows from transactions net interest income, net commission with equity investors. income, the net result from financial transactions, administrative expenses, Cash and cash equivalents comprise the valuation result, extraordinary the cash reserve, which is made up of items and taxes. The valuation result cash in hand and deposits at central consists of risk provisioning and the banks. result from financial investments (see the management report for further As a rule, the informative value of a explanations). bank’s cash flow statement is low and is therefore not used for liquidity or financial planning, or as a control instrument. Cash flow statement The cash flow statement is broken down into cash flows from operating activities, investing activities and financing activities. It is prepared in line with German Accounting Standard GAS 2 (DRS 2), supplemented by the bank-specific German Accounting Standard GAS 2-10 (DRS 2-10). Statement of Changes in Financial Position Million € 2009 2009 2009 2008 Cash flow from operating activities Net income/ loss for the year 1.6 -215.3 20.7 147.4 Provisions 3.1 11.9 Income that does not affect cash flow 1.0 69.5 Items contained in the net income for the year that do not affect cash flow Write-downs on and value adjustments to claims, financial investments and tangible assets Income from disposal of financial investments and tangible assets other adjustments 4.7 -40.3 0.5 -9.2 -27.8 Change in claims and liabilities Claims on banks Claims on customers Bonds and notes other assets Liabilities to banks Liabilities to customers Securitised liabilities other liabilities from continuing operations Interest and dividends received Interest paid Income taxes paid 1,005.3 494.1 866.0 776.4 -2,415.9 164.1 65.2 41.8 -21.9 714.2 -231.7 -66.1 28.0 -2,826.5 -44.8 -15.6 2,532.0 3,319.0 -2,471.2 -3,261.4 0 -689.0 -698.2 -0.6 Cash flow from investing activities Changes in funds from financial investments 648.3 Investments in tangible assets -3.6 other investments -0.2 602.3 -5.1 644.5 -0.8 Cash flow from financing activities Cash inflow from issue of equity capital 0 Changes in funds from other capital 0 150.0 0 -30.9 Cash flow. total -53.7 41.1 Cash at the beginning of the period 104.8 63.7 51.1 104.8 Cash at the end of the periode 54|55 Annual accounts e Supervisory Board, Board of Managing Directors Supervisory Board Board of Managing Directors Dr. Thomas A. Lange Dr. Dirk Hoffmann Chairman Senior member Senior member of the Board of Berlin National-Bank AG, Meerbusch Friedrich Munsberg Schorndorf Dr. Peter Gassmann Deputy Chairman from 27 March 2009 Managing Director of Booz & Company GmbH, Köln Dr. Andreas Früh Deputy Chairman to 27 March 2009 Divisional Board of Management of the UniCredit Bank AG, München Dr. Kai Franzmeyer to 27 March 2009 Member of the Board of Hypo Real Estate Holding AG, Bad Homburg Paul Hagen from 27. March 2009 Member of the Board of HSBC Trinkaus & Burkhardt AG, Düsseldorf Christian Sewing Director Deutsche Bank AG, London (Großbritannien) Dr. Eberhard Weber Auditor, Oberhausen Düsseldorf, 22 February 2010 Düsseldorfer Hypothekenbank Aktiengesellschaft The Board of Managing Directors Dr. Dirk Hoffmann Friedrich Munsberg e Audit opinion We have issued the following opinion dence supporting the disclosures in the on books and records, the annual finan- the financial statements and management report: cial statements and the management “We have audited the annual financial report are examined primarily on a test statements, comprising the balance basis within the framework of the sheet, the income statement and the audit. The audit includes assessing the notes to the financial statements, toget- accounting principles used and signifi- her with the bookkeeping system, and cant estimates made by management, the management report of Model Com- as well as evaluating the overall pre- pany, Location, for the fiscal year from sentation of the annual financial state- 1 January 2009 to 31 December 2009. ments and management report. We The maintenance of the books and believe that our audit provides a reaso- records and the preparation of the nable basis for our opinion. annual financial statements and management report in accordance Our audit has not led to any reserva- with German commercial law are the tions. responsibility of the Company’s management. Our responsibility is to In our opinion, based on the findings of express an opinion on the annual our audit, the annual financial state- financial statements, together with the ments comply with the legal require- bookkeeping system, and the manage- ments and give a true and fair view of ment report based on our audit. the net assets, financial position and results of operations of the Company in We conducted our audit of the annual accordance with principles of proper financial statements in accordance accounting. The management report is with Sec. 317 HGB and German gene- consistent with the annual financial rally accepted standards for the audit statements and as a whole provides a of financial statements promulgated by suitable view of the Company’s position the Institut der Wirtschaftsprüfer and suitably presents the opportunities (IDW). Those standards require that and risks relating to future develop- we plan and perform the audit such ment.” that misstatements materially affecting the presentation of the net assets, Düsseldorf, 22 February 2010 financial position and results of opera- Ernst & Young GmbH tions in the annual financial statements Wirtschaftsprüfungsgesellschaft in accordance with principles of proper accounting and in the management report are detected with reasonable assurance. Knowledge of the business Müller-Tronnier activities and the economic and legal German Public Auditors environment of the Company and expectations as to possible misstatements are taken into account in the determination of audit procedures. The effectiveness of the accounting-related internal control system and the evi- Lösken e Responsibility statement To the best of our knowledge, and in accordance with the applicable reporting principles for annual financial reporting, this Annual Report gives a true and fair view of the net assets, financial and earnings position of the Bank, and provides a fair review of the development and performance of the business and the position of the Bank, together with a description of the principal opportunities and risks associated with the expected development of the Bank. Düsseldorf, 22 February 2010 Düsseldorfer Hypothekenbank Aktiengesellschaft The Board of Managing Directors Dr. Dirk Hoffmann Friedrich Munsberg The binding language and version of this annual report is German, or rather the German version. 56|57 Annual accounts Düsseldorfer Hypothekenbank Aktiengesellschaft Berliner Allee 41, 40212 Düsseldorf Fon +49 (0)211.86720.0, Fax +49 (0)211.86720.209 duesshyp@duesshyp.de, www.duesshyp.de HRB Düsseldorf Nr. 35004